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The punishment of the accused shall be determined by a year of imprisonment.
Reasons
Punishment of the crime
On August 20, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny in the Busan District Court Branch of the Incheon District Court for one year and four months on August 16, 2019 and completed the execution of the sentence.
1. On October 29, 2019, at around 15:01 on October 29, 201, the Defendant: (a) took advantage of the gap in the PC “C” room in Bupyeong-si B and underground floors, where the victim D was placed in the said PC room No. 117; (b) took advantage of the gap in which the victim D was placed in the toilets; and (c) took theft of the Plaintiff’s bank physical card, the victim of which was located in the said PC No. 117; and (d) one cash and one U.S. cellular phone No. 38, a galtho road in the market and one galtho road in the market.
2. On November 10, 2019, around 04:49 on November 10, 2019, the Defendant: (a) committed theft by taking advantage of the gap in which the victim G was located in the “F” room located in Seocheon-si E and the second floor to clean toilets; (b) resulting in theft of a simple credit cooperative containing approximately KRW 600,000 in cash stored in the said PC camera.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. A written statement of G and D;
1. A investigation report (verification of CCTV images) and CCTV images attached thereto;
1. Report on investigation (defluence of the result of appraisal of fingerprints at the scene of the crime);
1. A report on the results of field identification;
1. A report on internal investigation (the analysis of CCTV in the course of committing a crime) and data on CCTV photographs attached thereto;
1. Reports on internal investigation (related to the information on members of the PC bank);
1. Previous records of judgment: Application of criminal records, reply reports and individual confinement records to Acts and subordinate statutes;
1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;
1. Article 35 of the Criminal Act among repeated crimes;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Scope of recommendations according to the sentencing criteria;
(a) Each of the crimes in its holding [Determination of the type] each of the crimes of larceny in general property (determination of the recommended field] types 2 (Determination of the recommended area), each of the aggravated areas / 10 months - 2 years / 10 months / 10 years /
(b) Aggravation of multiple crimes: Ten months to three years.
2. Determination of sentence: One year;