On December 7, 2016, the Defendant was sentenced to a suspended sentence of one-year imprisonment for special larceny in the Changwon District Court Msan Branch, and on December 15, 2016, the Defendant became final and conclusive on December 15, 2016 and is currently under suspended sentence.

On May 27, 2018, from around 03:30 to around 04:30 on the same day, the Defendant came to go beyond the wall installed in the “sus” operated by the victim D in the Hannam-gun, Hannam-gun, and brought about approximately KRW 20,00 won of the total sum of the victim’s possession, who was in custody in the hands room located in the head of the Sinnan-gun, and went to the back door by the brick, which was on the floor of the wall.

Accordingly, the defendant stolen the victim's property by destroying part of the structure at night and impairing the structure.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written appraisal and a report on the results of field identification [In light of the Defendant’s health condition, method of crime, etc., it is determined that the Defendant was not in a mental or physical loss or mental weakness at the time of committing the instant crime];

Application of Statutes

1. Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant has the same record as the reasons for sentencing under Articles 53 and 55(1)3 of the Act; and (b) the Defendant committed the instant crime during the period of suspension of execution; (c) however, the Defendant recognized and opposed to mistake; (d) the degree of damage is relatively minor; (e) the suspended sentence is invalidated by the sentence of this case; and (e) the details of the instant case and the physical and mental condition of the Defendant are considered.