A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On December 11, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. at the Daegu District Court, and on November 19, 2015, the Defendant completed the execution of the sentence at the Daegu Prison.

[Criminal facts]

1. Around 01:00 on January 3, 2016, the Defendant: (a) transferred one ton of the F1 ton cargo loaded at the victim’s house located in B and Gyeong-gun C, Gyeong-gun; (b) on the other hand, one ton cargo loaded at the victim’s office located in B and Gyeong-gun C, and then stolen it.

2. On January 2, 2016, from around 22:30 to around 04:00 on January 3, 2016, the Defendant driven a f1 ton cargo vehicle without obtaining a driver’s license in the section of about 80 km in front of the bus terminal in Yong-gu, Geumcheon-gu, Seoul, through Howon-ri, Howon-gun, Gan-gun, the front side of the bus terminal in Yongcheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Records of seizure, list 1 of seizure and articles of evidence;

1. Records of the judgment: Application of inquiry about criminal history, investigation report (the attachment of recent judgment of the suspect A and report on the date of release) Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act and Articles 331(2) and 331(1) (special larceny points) of the Criminal Act concerning facts constituting an offense, and Articles 152 subparag. 1 and 43 of the Road Traffic Act (non-licensed driving points, and choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated to the extent that the sum of the long-term punishment of two concurrent crimes prescribed by special larceny as stated in the heavier punishment is added);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of recommendation] [the scope of punishment] for the larceny of general property. The mitigation area (one to six months from January) (one to six months) (the special mitigation factor] is not subject to sentencing guidelines.