[criminal power] On September 28, 2012, the Defendant was sentenced to four months in the Western District Court Branch of the Daegu District Court for the crime of larceny at night, and was sentenced to one year of imprisonment with prison labor for special larceny, etc. on November 20, 2015. On June 9, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence in the Daegu Prison on April 11, 2019.

【Criminal Facts】

At around 01:10 on July 19, 2019, the Defendant cut off the entrance door door of the victim C, which was prepared in front of the “D” of the victim’s operation in Daegu Western-gu B, and then cut off the door door, and then intruded into the above restaurant and b2,000 won in cash, which was flaged on the top of the back of the restaurant, and cut off.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Police seizure records;

1. Photographs, CD (CCTV image);

1. Previous convictions indicated in judgment: Criminal records, current status of personal confinement, and application of Acts and subordinate statutes to investigation reports (Attachment of judgment);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (1) of the Criminal Act concerning the crime committed;

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: Two to twenty years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] Scope of the larceny [Type 1] under the Act on the Aggravated Punishment of Specific Crimes [No person who is a special offender] : Basic area of habitual theft [the scope of the recommended punishment and the range of the recommended punishment] ; imprisonment for a year and six months to three years [the scope of the recommended punishment as modified according to the applicable sentencing] 2 to three years (where the lowest limit of the range of the sentenced punishment recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing in law, it shall be based on the statutory minimum limit of the applicable sentencing punishment] (the general person - mitigated factor] - the minor damage, serious reflective factors - intrusion after intrusion, such as residential intrusion or corrective devices, etc.

3. One and half years of imprisonment with prison labor for a decision of sentence; and