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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Criminal facts
On April 7, 2004, the Defendant was sentenced to a suspended sentence of 6 months for larceny at the Seoul Central District Court, 2004. On December 2, 2004, the Defendant was sentenced to a suspended sentence of 4 months for attempted larceny, and on November 30, 2006, the Seoul Central District Court sentenced the imprisonment of 8 months for attempted larceny at the Seoul Central District Court, 6 months for imprisonment with prison labor at the Seoul Central District Court on October 18, 2007, and was sentenced to a suspended sentence of 6 months for larceny at the Seoul Central District Court on October 1, 2008; and on May 29, 2009, 1 year and 6 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Aggravated Punishment, etc. of Specific Crimes).
In addition, on August 10, 2011, the Defendant was sentenced to eight months of imprisonment for larceny at the Seoul Central District Court, and completed the execution of the sentence on March 4, 2012.
As such, the Defendant has been sentenced to imprisonment not less than three times due to larceny, etc.
The Defendant, while having weak ability to make decisions due to the “ alcohol dependence”, stolen another person’s property as follows.
1. Around December 5, 2013, the Defendant: (a) had a single female occupant with the victim-owned clicker (at the market price equivalent to KRW 178,000) displayed in the area prior to the store operated by the victim D; (b) had the victim-owned c in Gyeyang-gu, Gyeyang-gu; and (c) had it displayed in that area.
2. On January 7, 2014, the Defendant, around 18:30, 201, she saw the victim’s “H” located in Seoyang-gu, Seoyang-gu, Yangyang-si, and she saw the victim’s “H,” located in the victim’s G, as one male-proof (market price equivalent to KRW 15,00,000).
Summary of Evidence
1. Statement by the defendant in court;
2. Statement made by the police against D;
3. G statements;
4. A mental appraisal report;
5. Previous convictions in judgment: The application of criminal records, the current status of personal confinement, and criminal investigation reports (Evidence No. 8 and 9 No. 1).
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act concerning the crime;
2. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
3. Mitigation of mental illness.