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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
[criminal history] On September 27, 2012, the Defendant was sentenced to two years of imprisonment by the Gwangju District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in the Gwangju District Court on August 19, 2014.
[2] On June 14, 2016, the Defendant: (a) obtained a victim’s 1,400,000,000 won of the lost market price in the area near the Southernbuk-gu, Gwangju; (b) but did not take necessary procedures, such as returning it to the victim; (c) sold the goods; and (d) embezzled the property that left the victim’s possession.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements;
1. Reporting on occurrence of a disaster;
1. On-site photographs and yellow ice numbers;
1. Details of sales of secondhand countries and transfer of accounts;
1. Report of investigation (specific suspect);
1. Details of the Kakao Stockholm conversation and a copy of the purchasing site;
1. Grounds for previous convictions: Application of a written inquiry about criminal history and a written reply to personal acceptance status;
1. Article 360 (1) of the Criminal Act applicable to the relevant criminal facts and Article 360 of the choice of punishment;
1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant does not engage in a repeated crime of the same kind during the period of repeated crime of the same kind and if he/she commits the crime of this case, the punishment of the crime is not weak.
However, considering the favorable circumstances that reflect a crime, the sentence shall be determined like the order, taking into account all factors of sentencing as shown in the argument of this case, such as the defendant's age, sex, environment, family relationship, motive, means and result of the crime, and the circumstances after the crime.