특수절도
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
【Criminal Force” On March 22, 2011, the Defendant was sentenced to four months of imprisonment with prison labor for night intrusion larceny at the Busan District Court, and completed the execution of the sentence on September 9, 201 at the Busan Detention House. On December 5, 2012, the same court was sentenced to ten months of imprisonment with prison labor for night structure intrusion larceny, larceny, etc. and the said judgment became final and conclusive on March 29, 2013.
【Criminal facts” at around 02:00 on June 10, 2012, the Defendant: (a) removed a ventilator installed at the left-hand side of the entrance of the restaurant under the ground of the place, and then intrudes into the restaurant of the above church; and (b) up to KRW 80,000 in cash stored within the coffee vending machine in the victim AD management installed therein;
L. L. L.C. theft.
Summary of Evidence
1. Statement by the defendant in court;
1. AD's statement;
1. Confirmation of the identity of the fingerprints of the theft case, a written appraisal, a temporary inspection of the scene, and on-site photographs;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, and a report on investigation (the crime during the period of suspect A repeated offense, and the confirmation of concurrent crimes after Article 37 of the Criminal Act) shall be made;
1. Article 331 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity are as follows: (a) even though the Defendant was punished for larceny several times, the Defendant again committed the instant crime during the period of repeated crime; and (b) the Defendant was not recovered from damage; (c) in that the amount of damage is not large; (d) the Defendant’s mistake is divided and reflected; and (e) the instant case is one of the concurrent crimes after Article 37 of the Criminal Act with the previous conviction for which the judgment has become final and conclusive.