Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal record] On November 25, 2016, the Defendant was sentenced to a two-year suspended sentence of imprisonment for larceny in Seoul Southern District Court on December 3, 2016, and the judgment became final and conclusive on December 3, 2016, and is currently under the suspended sentence period. On April 11, 2016, the same court received a summary order of KRW 3 million as a result of larceny and was punished for larceny up to 13 times in total.
[ 범죄사실] 피고인은 2017. 1. 21. 11:42 경 서울 금천구 C에 있는 D 2 층 매장에서, E 직원인 피해자 F의 감시가 소홀한 틈을 타 매장에 진열된 시가 합계 64,490원 상당의 하 이트 진로 참 이슬 2 병, 통영 국물용 멸치 500g, 건 대추 130g, 겨울바람 황태 채 1개, 고소함이 쥐 포채 150g, 로스트 구이 오징어 100g, 동원 쫄깃 골뱅이 140g, 유동 자연산 골뱅이 140g, 유동 자연산 골뱅이 400g, MB 정통 슈크림 빵 1개, 청우 고구마 형 과자 1개, 사조 고추 참치 100g, 오징어 땅콩 98g 을 점퍼 주머니와 소지하고 있던 가방 안에 나눠 담고 계산대를 빠져 나가 절취하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A written statement;
1. A criminal investigation report (STV image verification);
1. Receipts, photographs, CDs;
1. Previous conviction: Application of an inquiry letter, such as criminal history, investigation report (verification of the same criminal history as the suspect), investigation report (verification of the date of termination of the execution of detention in the workhouse of the suspect), previous conviction and results confirmation of the previous conviction;
1. Relevant legal provisions regarding criminal facts, Article 329 of the Criminal Act regarding the choice of punishment, reasons for sentencing of sentence of imprisonment [the scope of recommendation] [the scope of larceny] [the scope of mitigation area (i.e., theft by neglect)] [a person with special mitigation] crime of livelihood [a person with special mitigation]] crime of this case is not likely to cause damage to the crime of this case, damage was returned to the victim, and the defendant seems to require mental therapy and treatment, and some favorable sentencing factors are recognized.
However, the fact that the defendant repeatedly commits the larceny, and is the larceny.