The defendant shall be exempted from punishment.

Punishment of the crime

[Attachment, Article 35 of the Criminal Act is constituted, and the judgment of conviction falling under the single concurrent crimes after Article 37 becomes final and conclusive on November 27, 2014, the Defendant was sentenced to two years of suspended sentence of imprisonment for special larceny, etc. in the Daejeon District Court’s astronomical Branch of the Daejeon District Court, which became final and conclusive on December 5, 2014. On October 14, 2015, the Defendant was sentenced to four months of imprisonment for larceny from the Seoul Central District Court to the punishment of larceny, which became final and conclusive on February 23, 2016, and the sentence of suspended sentence becomes final and conclusive on December 23, 2016 and was released on December 23, 2016 and the parole period passed on January 25, 2017.

In addition, on April 19, 2018, the defendant was sentenced to 8 months of imprisonment with prison labor for special larceny, etc. in the Daejeon District Court of Daejeon District on April 19, 2018, and that judgment became final and conclusive on April 27, 2018.

[Criminal facts] From November 28, 2017 to around 14:00 on the same day, the Defendant, from around 15:00 to around 15:00 on the same day, stolen the Defendant’s sweet for the business of collecting sweet to the victim’s 400,000 won of the victim’s D market price during which sweet the sweet to take off the sweet to the outer clothes.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Statement protocol (D, E, and F);

1. Each internal investigation report (the composition of Article 35 of the Criminal Act, and the final and conclusive judgment of convicts corresponding to single concurrent crimes after Article 37);

1. Written inquiry about criminal history, etc.;

1. Reporting of the previous conviction of the disposition and results thereof;

1. Application of each statute of the judgment;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Exempted Criminal Act (the principle of equity in cases where punishment is imposed together with the final and conclusive judgment of the first head of the crime in determining the sentence for the crime of this case) shall be taken into consideration;

Considering the amount of larceny damage (bells equivalent to KRW 4 million), method of crime, sentence of the above final judgment (two months of imprisonment), etc., even if the crime of larceny of this case was sentenced together with the final judgment, the sentence was more severe.