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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On June 18, 2018, the Defendant was sentenced to four months of imprisonment with prison labor for larceny in the District Court of the Republic of Korea on July 13, 2018, and completed the execution of the sentence in a governmental prison on July 13, 2018.
At around 03:37 October 2, 2018, the Defendant opened a Doz GLK220 vehicle in front of 'C' which was parked in the front of 'C', and cut off with a 3.5 million won in cash owned by the victim E, one chip in the market price of 50,000 won, one bank credit card, one driver's license, one chip in the market price of 50,000 won, and one chip in the market price of 50,000 won.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Photographs of the suspect of the damaged vehicle;
1. Application of the Acts and subordinate statutes governing the closure of each CCTV image;
1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;
1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;
1. The scope of applicable sentences under law: Imprisonment for one month to 12 years; and
2. Scope of recommendations based on the sentencing criteria: Imprisonment for 10 months to 2 years (the scope of recommendations), for general property, which does not fall under the aggravated area (10 months to 2 years) (10 months to 10 years) for specific crime aggravation (specially under persons).
3. Determination of sentence: The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after committing the crime:
3. Unfavorable circumstances: The circumstances favorable to the fact that a repeated crime of this case was committed again during the period of repeated crime for the same crime: The punishment of less than the lower limit of the sentencing criteria shall be imposed in consideration of the size of damage, the attitude of the defendant, etc.