A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 14, 2014, the Defendant was sentenced to two months of imprisonment with prison labor at Suwon District Court for larceny, and on May 13, 2015, the same court sentenced ten months of imprisonment with prison labor for larceny, fraud, and violation of the Specialized Credit Financial Business Act, on March 23, 2017, sentenced two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. in the Daejeon District Court's astronomical Support, and completed the execution of the sentence in a female prison on October 30, 2018.

On January 1, 2019, at around 16:18, the Defendant: (a) discovered a cell phone with the victim’s cell phone located in the “C Association Draft points” located in Ssung City B, on the one hand, he was forgotten about the victim’s 1090,000 won of the market value, and he returned to the 1090,000 won of the Samsung Ggaltho, which was owned by the victim; and (b) found the above cell phone, but did not see it.

Based on the statement of the defendant in an investigative agency, the background and attitude of the crime are partly modified. As a result, the defendant was sentenced to imprisonment not less than three times with prison labor for larceny, and the defendant again committed larceny during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. CCTV-cap photographs;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the same criminal records as a suspect, and confirmation of crimes during the period of repeated crimes);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] There is no person who is a fundamental area (one year and six months to three years) of category I (joint and repeated larceny) under the Specific Crimes Aggravated Punishment Act: [decision of sentence] The crime of this case is deemed to have committed larceny again within the period of repeated crime even though the defendant was sentenced to imprisonment not less than three times for the same kind of crime, even though he was sentenced to imprisonment at least three times for the same crime.

However, there is a criminal intent to recognize the defendant's mistake and reflects the defendant's occupation, and to report the damage that has temporarily left the occupation.