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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
On April 2, 2004, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on December 9, 2008, three years and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on December 9, 2008, and three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on October 19, 2012, and completed the execution of the sentence at the Changwon Prison on July 22, 2015.
On November 22, 2016, the Defendant: (a) stolen the victim’s laundry in the D laundry operated by the victim C in Ulsan-gun, Ulsan-gun, U.S. on November 22, 2016, with a blund of 700,000 won in cash, which was the victim’s possession on the top of the place where the market price cannot be determined; and (b) stolen the victim’s laund.
As a result, the Defendant, who was sentenced to imprisonment not less than three times for the crime of Articles 329 through 331, 333 through 336, 340 and 362 of the Criminal Act, or the attempted crime of Articles 329 through 331, 333 through 336, and 362 of the Criminal Act
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Seizure records;
1. Each report on investigation;
1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;
1. Article 5-4 (5) 1 of the Act on the Punishment, etc. of Specific Crimes as to the Punishment, etc. of Specific Crimes, Articles 329 and 35 of the Criminal Act;
1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Two types of larceny (Habitual repeated theft) in the Punishment of Specific Crimes Act, the scope of which is recommended on the sentencing guidelines for the specific crimes (one year and six months from June to three years, and no penalty is imposed);
2. Normal circumstances favorable to reasons for sentencing: The amount of damage, etc. is not so large that it is less favorable to reasons for sentencing, and unfavorable circumstances, such as the fact that the victim has reached an agreement with the victim, etc.