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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Majority-related relationship] On October 8, 2004, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Western District Court on April 16, 201; imprisonment with prison labor for eight months at the Seoul Western District Court on April 16, 201; imprisonment with prison labor for one year and six months at the Seoul Central District Court on May 25, 201; and imprisonment with prison labor for robbery, etc. at the Seoul Central District Court on December 27, 2013; and completed the execution of the said punishment on January 31, 2015.
[2] From October 19, 2016 to October 19, 19:00, the Defendant carried one gallon in S6 smartphone in G University Students Center in Seodaemun-gu, Seoul, with the market price of KRW 800,000,000 that the victim I left at H restaurant in Seodaemun-gu, Seoul.
Accordingly, the defendant stolen the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of I;
1. Reporting on occurrence of a disaster;
1. Previous relationship: References to inquiries, such as criminal history, reports on previous convictions of each relevant disposition and copies of judgments, and application of statutes on the acceptance status of each individual;
1. The indictment under Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act regarding criminal facts is also stated in Article 335 of the Criminal Act, but it seems that it is a clerical error.
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Based on the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing), the sentence like the order shall be imposed in consideration of the following circumstances and the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the argument of the instant case.
The favorable circumstances: A confession is made in depth.
The economic value of stolen goods is relatively minor.
Unfavorable circumstances: A person has been punished several times for crimes of the same kind and has served a prison term.
The same crime has been committed during the period of repeated crime due to the same crime, and the same crime has been committed prior to this case.