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A person shall be punished by imprisonment with prison labor for not more than one month for the crimes of No. 2 and No. 3 as stated in the judgment of the defendant, and by imprisonment for not more than four months.
Reasons
Punishment of the crime
[criminal power] On November 27, 2014, the Defendant was sentenced to a suspended sentence of ten months for night buildings, intrusions, larceny, etc. at the Incheon District Court, and on December 16, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the same court on December 16, 2015, and the said sentence became final and conclusive on June 1, 2016, and thus the said suspended sentence was invalidated.
【Criminal Facts】
1. On May 21, 2016, the Defendant: around 00:00 on May 21, 2016, opened a door in front of the Incheon Southern-gu, Incheon, where the victim C was parked, opened a door that does not lock up the amount of D car; and cut off with one wall that contains the victim’s cash amounting to KRW 100,000,000, the market value of which is equivalent to KRW 100,000,000.
2. On June 26, 2016, the Defendant: (a) opened, around the new wall on June 26, 2016, at the E-dong parking lot in Nam-gu Incheon, Nam-gu E-gu, Incheon; (b) opened a door with no locking the victim’s Gtoscar car volume; and (c) stolen with one resident registration certificate, one driver’s license, and one unit with a company bank credit card owned by the victim located therein.
3. On July 3, 2016, the Defendant, on July 3, 2016, opened a door that was parked in the H building parking lot in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and stolen 20,000 won in cash, which is owned by the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of C, I and F;
1. A criminal investigation report (13 pages of investigation records), a criminal investigation report (the results of identification);
1. A written confirmation of fingerprinting and personal identification of the theft incident;
1. Previous convictions indicated in judgment: Application of criminal records, reference records, investigation reports (cancellation of suspension of execution of sentence and ex post facto concurrence), and Acts and subordinate statutes;
1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act (the crimes of paragraph (1) at the time of market sale and the theft for which judgment becomes final and conclusive);
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;