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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On May 15, 2009, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Changwon District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and on July 12, 2012 at the Busan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On December 17, 2014, the Defendant was sentenced to three years from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Busan High Court for a violation of the Act on the Aggravated Punishment, etc
On October 31, 2018, the Defendant was prosecuted with the Busan District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was prosecuted with the same court on November 27, 2018 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On December 11, 2018, the Defendant was not detained with the same court on December 11, 2018, and is currently pending in the second trial.
(A) On September 26, 2018, the Defendant: (a) committed a theft by taking advantage of the gapss in which the victim W was 40,00 won in cash, cell phones, passport 2, etc. on September 26, 2018, in the “V” located in the Jung-gu Busan Metropolitan City U.S., and by taking advantage of the gapss in which the surveillance of the game was neglected.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements;
1. Photographs of a suspect taken in CCTV inside a amusement room;
1. Handic photographs;
1. Investigation report (specific suspect);
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;
1. The punishment to be imposed under Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes under Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act is subdivided according to the classification of each of the following subparagraphs, and unlike the former Act, Article 5-4(5) of the same Act provides that “Aggravated Punishment, etc. of Specific Crimes shall be imposed.” Article 5-4(5) of the same Act provides that “a case where a person is punished as a repeated offense” is premised