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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 14, 2016, the Defendant was sentenced to a long-term imprisonment with prison labor for special larceny, etc. in Suwon District Court or a short-term imprisonment with prison labor, and on September 17, 2017, the Defendant completed the execution of the sentence in a female prison.
On August 29, 2019, the Defendant and B were tried and sentenced separately, and confirmed on September 6, 2019.
It is a high school post-ship, and thus, steals with things on the road set up in the vehicle.
Around 14:32 on June 18, 2018, the Defendant and B found D Poter vehicles parked on the roads near Pyeongtaek-si, and the Defendant reported whether there is a person who passed the above place, and the Defendant opened a front door of the above vehicle that is not corrected, and the Defendant took one of the market prices equivalent to KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000, etc. are located inside the vehicle.
Accordingly, the defendant stolen the victim's property together with B.
Summary of Evidence
1. Examination protocol of the accused and the prosecution concerning the accused and the B;
1. E statements;
1. Investigation report (inspection of the site and surrounding CCTV);
1. On-site and CCTV photographs, on-site and peripheral CCTV photographs;
1. Before judgment: Criminal records and criminal investigation reports (verification of the same kind of records) and the application of Acts and subordinate statutes;
1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;
1. Article 35 of the Criminal Act among repeated crimes;
1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Scope of punishment by law: Six months to ten years of imprisonment;
2. Aggravation of the punishment according to the sentencing guidelines (decision of types of punishment) for larceny in general property: The area of aggravation of the punishment for the same repeated crime (the area of recommendation and the scope of recommendation), which does not fall under the aggravation of specific crimes, (the area of recommendation and the scope of recommendation), six months through one year;
3. Determination of sentence: Six months of imprisonment;