[criminal history] On April 25, 2014, the Defendant was sentenced to 6 months of imprisonment with prison labor and 1.5 million won for special larceny, etc. at the Ulsan District Court on March 26, 2015, 1 year and 6 months of imprisonment with prison labor for larceny, etc. at the same court on March 26, 2015, and 1 year and 6 months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court on December 20, 2016, and completed the execution of the final sentence on April 27, 2018.

[2] On May 13, 2018, the Defendant: (a) intruded into the counter of the victim D, who was in 00:04 around 00:04, and went into the counter of the 365 ATM instrument; and (b) opened a cover of the lower part of the cash payment instrument in order to steal cash located within the automatic payment instrument; and (c) opened the cover of the lower part of the cash payment instrument; (d) however, upon reporting intrusion to the unmanned security system, the Defendant attempted to move out by the security personnel upon receiving a report of intrusion to the unmanned security system.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. CCTV photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as search results of prisoners, text of judgment, summary order, criminal history, etc.;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act concerning the crime committed;

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

1. The sentencing conditions stated in the records, such as the following circumstances and Defendant’s age, environment, motive, means and consequence of the crime, etc., for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigated the amount of punishment as ordered in light of the following circumstances:

Unfavorable circumstances: The crime was committed immediately after the release, and the circumstances favorable to the fact that there was a record of punishment several times for the same crime: The crime was committed in an attempted crime.