A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On January 24, 2014, the Defendant sentenced the Seoul Eastern District Court to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in a female prison on July 23, 2016.

On October 8, 2016, at around 08:35, 2016, the Defendant discovered that the front window of the diver vehicle parked in Songpa-gu Seoul is opened, and opened the front door of the above vehicle and kept the cell phone of 800,000 won, which is the victim E owned by the victim E, and carried the 50,000 won of the market price which includes the cell phone of 80,000,000 won.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. E statements;

1. A criminal investigation report (CCTV verification and investigation), and a criminal investigation report (the details of the return of the damaged goods);

1. Previous convictions in judgment: Application of the Act and subordinate statutes to criminal records and investigation reports (suspect A criminal tendency analysis);

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

1. Determination of sentence of a same type of repeated crime not falling under the aggravated area (10 to 2 years) of the punishment for general property subject to the sentencing guidelines under Article 35 of the Criminal Act among repeated offenders: The sentence shall be imposed by leaving the lower limit of the recommended sentence for the sentencing guidelines, considering the fact that a repeated crime has been committed two times the suspension of execution due to the theft of eight months, and the fact that a repeated crime has been committed within a short period after being released despite the past record of having been sentenced eight times the suspension of execution due to the theft of eight months; however, considering the fact that the damaged goods have been recovered, returned to the victim, and the fact that the victim shows an attitude against the confession of the crime, etc., the sentence shall be determined by leaving the lower limit