A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On September 22, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at Seoul Southern District Court, and completed the execution of the sentence on January 16, 2015.

【Criminal Facts】

At around 12:00 on June 17, 2016, the Defendant discovered the victim E who d'D' bank located in Guro-gu Seoul Metropolitan Government, set up a sobry so that the Defendant d'D' bank can find out the victim E, and then took up the key behind the sobry so that the victim can take up the key at the sobry sup and took it out, and stolen the cash, which is the victim's own.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Investigation report (Analysis and investigation of data on video recording at a criminal scene);

1. Previous records: Application of the Act and subordinate statutes on criminal records, etc. and personal confinement status;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of applicable sentences under law: Imprisonment for one month to 12 years; and

2. Scope of recommending punishment according to the sentencing guidelines (decision of types) for larceny (type 3): Reduction factors: Living type of crime, non-members of punishment, and increased factors: The area subject to mitigation of punishment for the same repeated crime (the scope of recommending areas and recommending sentences) which does not fall under the gravity of specific crimes (the amount of punishment) and six months or one year;

3. In view of the fact that the Defendant, who was sentenced to six months of imprisonment for a crime similar to the instant crime on September 22, 2014, was again sentenced to a fine of three million won on October 7, 2015 after the execution of the sentence was completed on January 16, 2015, even if he/she again committed a similar crime on October 7, 2015, it is deemed inevitable to sentence the Defendant to the punishment.

However, in determining the term of punishment, the circumstances favorable to the fact that the defendant led to the confession of and reflects on the crime of this case, the amount of damage of this case is relatively small, and the damage restoration and agreed upon by the victim.