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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On February 21, 2018, the Defendant was sentenced to six months of imprisonment for larceny in Seoul Western District Court on March 16, 2019 and completed the execution of the sentence.
At around 12:30 on March 20, 2019, the Defendant, at “C” located in Mapo-gu Seoul Metropolitan Government, 12,000 won per 12,00 won per market price where the victim manager D was displayed at the same time by taking advantage of the gaps in which surveillance by the victim manager D was neglected, was stolen.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Previous convictions: Application of criminal records, investigation reports (verification of repeated crimes and attachment of previous convictions) and statutes;
1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;
1. Aggravation of the punishment according to the sentencing guidelines [the range of recommending range of punishment] of the punishment for larceny in general property [the category 2] general larceny [the amount of special punishment]: In the area of aggravation of the punishment for identical repeated crimes (the scope of recommending area and recommending range of punishment], and in the area of aggravation of imprisonment for 10 months to 2 years;
2. Determination of sentence shall be sentenced in light of the fact that the defendant has been punished several times for the same kind of crime, the defendant committed a crime during the period of the same repeated crime, etc. However, the sentence shall be determined as ordered by the order beyond the lower limit of the recommended sentencing criteria, taking into account the following factors: the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the fact that the amount of damage is not significant; and the defendant's age, character and behavior, character, environment, motive, means and consequence