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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On March 21, 2014, the Defendant sentenced the Daegu District Court to one year and six months of imprisonment for violating the Act on Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on August 14, 2015.
On September 22, 2015, the Defendant: (a) opened a entrance that was not corrected by the trader’s office located in Daegu Seogu 93-9, Daegu-gu, Daegu-gu, 000, and cut off KRW 146,000 from the victim C’s land where the trader’s office was located on his/her book.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A criminal investigation report (Attachment of a photograph ofCCTV video recording);
1. Application of Acts and subordinate statutes to inquiries into and reports on criminal records, etc. and investigation reports (report on the binding of the same type of judgment);
1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. The reason for the sentencing of Article 35 of the Criminal Act [Scope of Recommendation] for a repeated crime under Article 35 of the Criminal Act: (a) the defendant has a number of criminal convictions of the same kind (decision of sentence) that does not fall under the mitigation area (1 to 6 months) of the mitigation area (1 to 4 months) of the punishment (special mitigation factors)], and the defendant has a number of criminal convictions of the same kind; and (b) considering the fact that the defendant committed the larceny habitually at a religious facility, such as a sexual party, church, law branch, etc., and a shop, and committed the crime of this case again for a period of not more than one month after release, it is inevitable to sentence the defendant to the punishment.
On the other hand, the degree of damage is minor, the victim expressed his/her intention not to be punished against the defendant, favorable circumstances such as the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and consequence, etc., and all of the sentencing conditions, such as the circumstances after the crime, shall be determined as ordered.