A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

[Criminal Justice] On June 27, 2014, the Defendant was sentenced to 10 months of imprisonment with prison labor for night residence intrusion theft, etc. at the Seoul Central District Court on March 1, 2015, and completed the execution of the sentence at the Seoul Southern District Court on March 1, 2015. On September 23, 2016, the Seoul Southern District Court sentenced 1 year and 2 months of imprisonment with prison labor for assault injury, etc. at the Seoul Southern District Court on September 27, 2016.

【Criminal Facts】

At around 04:00 on April 5, 2016, the Defendant: (a) committed a theft by carrying one stop tank equivalent to 365,000 won in the market price owned by Geumcheon-gu Office, Geumcheon-gu, Seoul, which is placed on India, on the hand of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (specific victims and investigation of damaged articles);

1. The police seizure record and the list of seizure;

1. The current status of installation of street suspension paths;

1. Photographs of village bus routes related to the case;

1. The case-related photograph (No. 5, 7)

1. Previous records of judgment: Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement and criminal history records, investigation reports (recidion of repeated crimes, previous records and confirmations, attachment of judgment, etc.), status of confinement for individuals, previous records of disposition and results of confirmation

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act in relation to criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the latter part of Article 37 and Article 39 (1) of the Criminal Act handling concurrent crimes;

1. The instant crime, whether to apply the sentencing criteria, is a crime of assault or bodily injury, etc. committed in the judgment rendered on September 27, 2016 and a crime of latter concurrent crimes of Article 37 of the Criminal Act, and thus, the sentencing criteria are not applicable.

2. Circumstances unfavorable to the decision of sentence: The Defendant committed the thief crime of this case even though he is under repeated crime of the same kind.

Even though the defendant has been subject to criminal punishment several times due to larceny, the crime is repeated.

In order to sell stolen goods, the circumstances after the crime are committed are not good, such as changing the shape thereof.

The defendant's mistake is recognized as favorable circumstances.

shall be damaged.