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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[Criminal Power] On April 12, 2018, the Defendant was sentenced to four months of imprisonment with prison labor at night in Gangnam Branch Branch of the Chuncheon District Court due to a crime of attempted larceny at night, etc., and was released from Gangwon Prison as the revocation of detention on July 2, 2018, and completed the execution of the sentence after the said judgment became final and conclusive on October 31, 2018.
【Criminal Facts】
On November 13, 2018, at around 09:05, the Defendant was at the victim C'D' store located in Gangseo-si B, and was stolen by putting the victim at the end of the last 30,000 won of the market price where the victim was placed on the sales stand before his work.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Three copies of the report of investigation (Attachment of photographs of the damaged site), and photographs of the damaged site, etc.;
1. Six copies of a report of investigation (on-site CCTV images) and a photograph of a visual CCTV images taken;
1. Previous records: Application of criminal records, inquiry reports, investigation reports (revolving repeated crimes and confirmation),1, 2, judgment of the third instance, and current status of personal confinement to statutes;
1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. On the grounds of sentencing Article 35 of the Criminal Act among repeated offenders, the punishment shall be determined as ordered in consideration of the following circumstances: (a) the Defendant’s age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the pleadings of this case.
A favorable circumstances: The fact that the defendant repents his mistake, the fact that the damage is disadvantageous to that of a minor: The defendant was punished several times for the same crime, and the defendant committed a crime during the period of repeated crime.