A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

On April 25, 2016, at around 23:00, the Defendant discovered that there was a gold-insect amounting to KRW 400,000 in the parking lot of the building B in Gangseo-gu Seoul Metropolitan Government, and opened the door of the above vehicle that was parked and opened the door of the above vehicle that was not locked.

As a result, the defendant stolen one gold-half of the victim's possession.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Copy of the purchase account book of gold bullion and the photograph of a gold paper;

1. Application of Acts and subordinate statutes to photographs of the case site;

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting the crime, the reasons for sentencing choice of imprisonment;

1. Scope of applicable sentences under law: One month to six years of imprisonment;

2. The scope of recommending punishment according to the sentencing guidelines [the scope of recommending punishment] shall be the basic area (six months to one year and six months) of the theft of general property (general larceny).

3. The fact that a criminal sentence was committed during the period of suspended sentence is disadvantageous.

On the other hand, there is no history of punishment for larceny, and the fact that the amount of damage is a small amount is favorable.

Considering the above circumstances and conditions of sentencing, such as the age, character and conduct, environment, etc. of the defendant, the punishment shall be determined as per the order beyond the lower limit of the sentencing criteria.