A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Justice] On August 14, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for larceny at the Seoul Southern District Court on June 22, 2018 and the above judgment became final and conclusive on August 22, 2018. However, on February 22, 2019 during the grace period, the Seoul Northern District Court revoked the suspended sentence and completed the execution on June 1, 2019 at the Seoul Northern District Court.

【Criminal Facts】

1. At around 14:43 on May 8, 2020, the Defendant: (a) 2nd underground floor of “C” located in Seocheon-si B; (b) 45,000 won of the market price set in the tobacco display stand managed by the victim D, moved the lux to the 1st floor of the underground floor, thereby damaging the protection case of the said tobacco; and (c) cut off the tobacco into the clothes by hiding it.

2. On May 25, 2020, the Defendant: (a) cut off 5,00 lux tobacco, at the same place as described in paragraph (1); and (b) at the same method as described in paragraph (1), at the market price of KRW 45,00,00.

3. On June 20, 2020, the Defendant: (a) at the same place as described in paragraph (1) around 17:25; and (b) at the same method as described in paragraph (1), cut off 5,000 lux tobacco, which is equivalent to the market price of KRW 45,00.

Summary of Evidence

1. Defendant's legal statement;

1. Photographss of damaged materials taken out of the D's statement and CCTV photographs taken out of the scene of crime;

1. Previous convictions in judgment: Application of criminal records-related Acts and subordinate statutes, such as reporting on investigation (for example, reporting on the same type of larceny and filing of judgments, etc.);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act among repeated offenders;

1. The scope of punishment by law: Imprisonment with prison labor for not more than 18 years;

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for six months - Two years and nine months (i.e., the maximum limit of concurrent crimes of 1/2 of the maximum limit of basic crimes of 1/3).

(a) Basic crimes, first and second concurrent crimes: Imprisonment with prison labor for each of larceny (type thief, theft against general property, thiefe against general property), six months - one year and six months (basic area);