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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On November 28, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny in the Busan District Court for six months, and the decision was finalized on December 6, 2017.
1. On January 4, 2017, at around 11:02, the Defendant used the gap in D points located in Busan Jung-gu, Busan, which is equivalent to KRW 90,000 in the market value of KRW 112,120, 112, and 112,00 in the market value, and 75,000 in the market value, used the gap in D points that are located in Busan Jung-gu, Busan. In addition, the Defendant stolen, using the gap in which there is no victim F, by putting them in a bank that had multiple food equivalent to KRW 277,00 in total, such as a part of the green coffee and a part of the screen in which the market value is equivalent to KRW 112,00 in the market value.
2. On the other hand, the Defendant continued to commit a theft by continuously taking advantage of the gap in which there is no victim G in the fruit store that was adjacent to the E store as referred to in paragraph 1, with a 1 bottle of the same method, which is equivalent to the market price of 265,000 won.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. Previous convictions: Inquiry of criminal and investigation career data, inquiry of case summary information, and application of the text of the judgment;
1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 39 (1) of the Exemption Criminal Act (including the fact that victims do not want the punishment of the defendant, the fact that the defendant suffers from mental illness, larceny for which judgment has become final and conclusive, and the fact that there is a concurrent relationship between the latter and Article 37 of the Criminal Act);