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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[criminal power] On September 29, 198, the defendant was sentenced to imprisonment with prison labor for larceny at the Incheon District Court on November 10, 1999; one year of imprisonment with prison labor for the same crime; two years in the same court on February 7, 2001; one year and six months in the same court on August 13, 2003; two years in the same court on January 26, 2006; three years in the same court on July 18, 2008; three years in the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; three years in imprisonment with prison labor for the same crime at the Suwon District Court on January 18, 2012; imprisonment with prison labor for the same crime; imprisonment with prison labor for the same crime at the Incheon District Court on April 7, 2016; imprisonment with prison labor for a building or for other larceny; imprisonment with prison labor for 20 years from the Seoul District Court on February 21, 2017>
【Criminal Facts】
1. On July 14, 2019, at around 03:13:13, the Defendant: (a) discovered the victim C, who was under influence of alcohol on the roads of Suwon C, and (b) stolen the victim’s market price, which was located therein, using the gaps in surveillance over the surrounding areas, with one cellular phone and two NHx Card in the name of C and D, which were contained in the cell phone case.
Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor for larceny and has committed larceny during the period of repeated crime.
2. On July 14, 2019, the Defendant violated the Specialized Credit Financial Business Act: (a) purchased tobacco from the victim F on July 14, 2019 at a G convenience store where the victim F on the first floor of the Suwon Building E-gu, Suwon-gu, and (b) presented the stolen Category C card as if he had a legitimate right to use, as described in paragraph (1) and then received two cigarettes of tobacco equivalent to KRW 9,000 at the market price from the victim.