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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On November 12, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for habitual larceny, etc. at the Chuncheon District Court on February 28, 2016. On September 23, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for night building intrusion larceny in the Daejeon District Court's Incheon District Court's Branch on September 23, 2016. The judgment became final and conclusive on October 1, 2016.
On August 14, 2016, the Defendant: (a) on the front of the “D” road located in Ansan-si, Sinsan-si, Annsan-si, Annsan-si; (b) viewed that the victim E was divingd with approximately KRW 1,00,000 of the market price owned by the victim on the table, and used the said Handphone on the table, thereby cutting off.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A protocol of seizure and a list of seizure;
1. Relevant photographs;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and a report on investigation (report on confirmation of criminal records);
1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the crime. Article 329 (Selection of Punishment of Imprisonment);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The latter part of Article 37 of the Criminal Act to deal with concurrent crimes: (a) the circumstances unfavorable to the reasons for sentencing under Article 39(1) are several times of criminal convictions; (b) the circumstances that are favorable to the fact that the same kind of crime was committed during the repeated offense period; (c) the circumstances that recognize and reflects mistakes; (d) the equity between the case where the judgment was rendered with regard to larceny of intrusion upon the night structure in the judgment that became final and conclusive; and (e) the damage was restored due to the return of the damaged items; and (e) the punishment is determined as ordered in consideration of various factors such as the Defendant’s age, sexual behavior, family relationship, home environment, motive and means of the crime, and the circumstances after the crime.