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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[criminal record] On July 15, 2010, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court, and on April 11, 2013, the same court sentenced three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on March 29, 2016.
On June 8, 2016, Seoul Southern District Court sentenced a person to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in violation of Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes. However, as stated in the judgment, there was a record of having been sentenced to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes due to more than two habitual larceny, and the execution of the last sentence among them was terminated on March 29, 2016, Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes may be applied to the crime of this case.
[Criminal facts] The defendant is deaf-mutes.
1. Larceny and fraud in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;
A. On April 8, 2017, the Defendant: (a) cut off one cell phone phone number from Samsung Galle Si and the victim D in light of his or her intention or ability to pay the alcohol value; and (b) ordered the alcohol and the alcohol to pay the alcohol value normally; (c) he or she received from the injured party property equivalent to KRW 38,00 at the market price, such as 3 C C, thalle, 1 mar, 1 mar, and 3 mar, etc.; and (d) acquired the victim’s mar, using the mar in the victim’s name, using the mar of the victim’s Samsung Galle Si and mar, one mobile phone number in which the victim used the Samsung Galle Si and D, the Defendant did not pay the alcohol value normally from the injured party, as he or she did not have the ability to pay the alcohol from the injured party in Guro-gu Seoul around 16:0 on April 16, 2017.