[criminal record] On July 26, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on July 26, 2012; six months from September 11, 2015; and two years from imprisonment with prison labor for habitual larceny at the Incheon District Court on September 11, 2015; and on September 14, 2017 at the Seoul Southern District Court on September 14, 2017, and completed the execution of the sentence at the Incheon Southern District Court on May 1, 2019.

[2] On August 14, 2020, the Defendant intruded into the fourth floor C Party with a entrance that was not corrected for the purpose of theft of money and valuables in Yangcheon-gu Seoul Metropolitan Government around 15:00, and opened the victim D, who was placed on the floor of the facility, and laid down a white bag containing in the inside of the facility.

They have come to her.

Accordingly, the defendant intrudes on the structure under management, was sentenced to imprisonment not less than three times with larceny, and again stolen the property of the victim within three years after the execution of the sentence was completed.

Summary of Evidence

1. Investigation report by the defendant on the D's legal statement (CCTV verification and investigation);

1. [Prior Records] Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (report on confirmation of the same criminal history as the suspect), investigation report (report on the crime during the period of repeated crime);

1. Relevant Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 35 of the Criminal Act concerning the crime, and Article 319 (1) of the Criminal Act (the occupation of larceny by repeated crime) (the occupation of intrusion on structures, and the choice of imprisonment with prison labor);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the records of having been punished several times for the same kind of crime, even if the Defendant committed a repeated crime during the repeated crime period, the method of committing the crime, such as destroying another’s structure, theft of property, etc., is inadequate, and the damage was not recovered.

However, the circumstances favorable to the defendant's wrong recognition and reflect.