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A defendant shall be punished by imprisonment for one year.
Seized evidence 1 to 3 shall be confiscated from the accused.
Reasons
Punishment of the crime
On April 24, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for larceny in the Ulsan District Court, and on November 5, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny in the Dong branch of the Busan District Court, and on January 22, 2016, the suspension of execution was revoked. On August 9, 2016, the Defendant completed the execution of each sentence in the Busan District Court, which was sentenced to ten months of imprisonment with prison labor for habitual larceny.
The Defendant, at around 01:05 on October 27, 2017, at the “The Vice Director of the E set” of the victim D’s operation in Yangsan City, approximately KRW 50,000 per cent of the total amount of KRW 60,000 per cent of the three-time operating machines installed in that place, in advance, set aside approximately KRW 120 per cent of the 50,000 per cent of the three-time operating machines installed in that place.
From the point of time until December 15 of the same year, the victims stolen the total of KRW 660,000 from the victims four times, such as the list of crimes in the attached list of crimes.
Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, and again stolen another's property within three years after the execution of the sentence is completed.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Written statements of D;
1. A protocol of seizure and a list of seizure;
1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of repeated crimes), investigation report (verification of the previous records), investigation report (verification of the suspension of execution), and Acts and subordinate 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 as prescribed in the corresponding Act;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;
1. Reduction of volume (see, e.g., favorable circumstances for sentencing) under Articles 53 and 55(1)3 of the Criminal Act
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;
1. One of the types (joint habitual theft and repeated theft) under the Specific Crimes Aggravated Punishment Act shall be applicable to crimes falling under any of subparagraphs 1 through 3 of the sentencing guidelines;