Seized evidence 1 (one stockmark), shall be confiscated from the accused.

1. On September 22, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor for night building intrusion larceny at the Seoul Central District Court, and was sentenced to 10 months of imprisonment with prison labor for night building intrusion larceny at the Seoul Western District Court on April 19, 2017. On August 24, 2017, the Defendant was sentenced to 2 months of imprisonment with prison labor for night house intrusion larceny at the Seoul Southern District Court and for night house larceny at the Seoul Southern District Court on August 24, 2017. On August 28, 2018, the Defendant completed the execution of 2 months of imprisonment with prison labor and 1 year of imprisonment with prison labor at the Seoul Western District Court on February 2, 2019.

2. On July 26, 2019, at around 03:45, the Defendant was in front of the “D” restaurant operated by the victim C in Seocho-gu Seoul, Seocho-gu, Seoul, and was in front of the “D” restaurant, in order to capture food and drink, and opened a window that is not locked, and did not lead to the wind that is discovered to the police officer dispatched after receiving a 112 report on the mathing, in order to detect food and drink in the kitchen.

Accordingly, the defendant was sentenced to imprisonment more than three times due to night residence intrusion theft, etc., and attempted to steal a structure during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A C’s statement, E- 112 reporter’s statement;

1. Police seizure records, list of seizure, and seized articles;

1. A list of the 112 Reporting Report, investigation report (CCTV data analysis), CCTV data analysis, and CCTV video data CD;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports (A), investigation reports (change of the rate of the name of the crime), personal confinement status, application of the Acts and subordinate statutes of the judgment;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that of the defendant.