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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Criminal facts
1. At night, at around 02:00 on October 2, 2014, the Defendant: (a) intruded the victim D’s business establishment operated by the victim D at night; and (b) stolen the victims’ property owned by the victims of totaling KRW 5,450,00,00 in total at the market price of 400,000,00 electric wires at the same time, and (c) was prepared in advance, and was loaded in hand, from around that time until July 10, 2015, by means of the same method as indicated in attached Table Nos. 1, 6, 7, and 9.
2. A thief: (a) around 03:00 on October 14, 2014, the Defendant stolen the property owned by the victims at least KRW 1.6 million in total five times in the same way as indicated in the annexed Table Nos. 2 through 5 and 8 from around that time to June 9, 2015, by preparing in advance the total market value of KRW 200,000,000, a total market value of KRW 160,000,000,000, in front of the business establishment operated by the Victim F, E.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of D, F, G, H, I, J, and K;
1. CCTV afforestation photographs;
1. Application of Acts and subordinate statutes on site photographs;
1. Relevant provisions of the Criminal Act and the selection of punishment concerning facts constituting an offense, and Articles 330 (a point of larceny at night), 329 (a point of larceny and a choice of imprisonment, respectively) of the Criminal Act;
1. Reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. The range of recommending punishment according to the sentencing guidelines for crimes No. 1 [the range of recommending punishment] 4 types of larceny in general property [the scope of recommending punishment] 2 crimes in the case of intrusion upon places, other than indoor residential space (the scope of recommending punishment] 1 types of larceny in general property (the range of 4 types) and the basic area (4 to 8 months) of larceny in general property [the scope of recommending punishment] 1 categories of larceny in general property (the special range of 4 months), there are no multiple offenses (the night building theft, the 5 times of theft), and the scope of final sentencing according to the aggravated punishment: