A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On June 11, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor by larceny, etc. at the Jung-gu District Court, and completed the execution of the sentence at the Jung-gu prison on November 18, 2013. On January 5, 2014, the Defendant: (a) discovered that the Defendant was placed on the front floor of the entrance to a sobrying Samsung juthy, the market price of the victim E at the time of making soup at the Government-si Daro Dogro or 4th floor around 15:28 on January 5, 2014; (b) discovered that the Defendant was placed in the front floor of the sobrying cell Dogroth, and caused theft; and (c) laid down the water that the Defendant used for the Defendant’s left hand after cutting it onto the above cell phone and breaking it.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Police seizure records;

1. CCTV photographs and photographs of seized objects at the scene of damage;

1. Records before and after judgments: Criminal records, references to records, reports on results of confirmation before and after dispositions, investigation reports, judgments, and application of Acts and subordinate statutes to the current status of confinement for individuals;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The Defendant, for the reason of sentencing Article 35 of the Criminal Act among repeated criminals, repeatedly commits the crime related to mobile phones by the same or similar means as the instant crime, in particular, committed the instant crime after having been sentenced to eight months of imprisonment as indicated in the holding as the same kind of crime, and having completed the enforcement of the sentence, and again committed the instant crime during the period of repeated crime; the aforementioned stolen mobile phones are highly likely to be used for other unlawful purposes; and the victim’s letter of suspicion was not received, it is inevitable to punish the Defendant corresponding thereto.

However, the punishment as ordered shall be determined by taking into consideration the following circumstances: the defendant is led to the confession of the crime, the damaged goods have been recovered and temporarily returned, and other conditions of sentencing as shown in the records and pleadings, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime.