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

Punishment of the crime

[Criminal Power] On March 24, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Busan District Court on November 16, 2017, and completed the execution of the sentence in the Ganbuk Vocational Training Correctional Institution.

【Criminal Facts】

around 14:30 on October 30, 2019, the Defendant entered the office operated by the victim M in Youngdo L, Busan, and stolen it with one copy of O, 000 won, which was the victim's possession on his/her book.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning M;

1. Responses to fingerprinted results at criminal scene;

1. Previous records of judgment: Criminal records, inquiry reports by individuals, current status of confinement by individuals, and application of each statute of judgment;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of recommending punishment according to the sentencing guidelines [Determination of types of punishment] thief for general property [Type 2] general larceny [Special thief] mitigated element for living: Reduction area of the same type of repeated crime (recommended area and recommendation range] that does not fall under the aggravation of specific crimes, and April through October;

2. In light of the fact that a person committed the instant crime again during the period of a repeated crime of the same kind in which the sentence is to be sentenced, and that there is no possibility to recover from damage, it is inevitable to punish the offender.

However, considering the fact that the defendant is against the defendant and the amount of damage is extremely small, etc., a sentence lower than the lower limit of the sentencing criteria shall be imposed, and the punishment shall be determined as ordered in consideration of the defendant's age, character and conduct, family environment, circumstances after the crime, etc.