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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Justice] On September 8, 2009, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny at the Seoul Northern District Court (Seoul Northern District Court) and one year of imprisonment with prison labor for larceny in the same court on August 19, 2010, and on July 28, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny in the same court on July 28, 2015 and completed the execution of the sentence in the Seoul Southern Prison on November 29, 2015.
【Criminal Facts】
On June 16, 2016, at around 00:00, the Defendant accessed the victim C(the age of 65) who was returning home under the influence of alcohol on the front side of the Om-distance Park, which is located in the area of 00:0,000, and then stolen the victim’s wall, which was 19,000 won in cash, used by the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. A criminal investigation report (CCTV image verification);
1. Previous records before ruling: Application of criminal history records, investigation reports (report on the binding of a copy of a judgment; confirmation of the fact of repeated crimes) and statutes;
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act [the scope of recommending punishment] Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2007) and Article 53 and Article 55(1)3 of the Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 2, 2008). [1] mitigated area (1 year and 6-3 years] [1 year and 6-3 years] of mitigation area (1 year and 1 year and 3 years of special mitigation] of punishment (the decision of sentence] of a criminal defendant who has already been punished several times for the same kind of crime, and the criminal defendant committed the crime of this case within 7 months from the date of release after completing the final sentence. However, considering that the money and valuables of theft are small amount of money and valuables, the victim does not want to punish the defendant.