On June 19, 2020, the defendant was sentenced to six months of imprisonment for special injury at the Gwangju District Court, and the above judgment was finalized on June 27, 2020.

On June 12, 2020, at around 02:34, the Defendant: (a) removed the locking device of the iron gate, which can enter the back of this place from the back of the convenience store in Gwangju North-gu, Gwangju, and then intruded into the body and stolen six plastic finites with six plastic finites where an empty aluminium cans amounting to KRW 4,000 at the market price owned by the victim C and kept there.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Previous records of the ruling related to the case: Criminal records, summary records of consolidated case agreements, auxiliary statements, and application of statutes governing the ruling;

1. Article 330 of the Criminal Act applicable to the crime;

1. The reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act are not subject to the sentencing criteria in the latter part of Article 37 of the Criminal Act.

In the case of night residence intrusion larceny, the defendant is punished by imprisonment with prison labor as a statutory penalty. Meanwhile, in addition to the criminal records as stated in the judgment, the defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for special injury on November 21, 2019 and the judgment becomes final and conclusive on November 29, 2019. Thus, since the above judgment constitutes a crime committed during a period of three years after the completion or exemption of the execution, the suspended sentence cannot be sentenced.

The defendant's mistake is recognized and against the defendant, the stolen article's value of property is insignificant by six vinyl paper that has been disposed of by collecting an empty aluminium cans of the market price of 4,000 won, the victim does not want punishment against the defendant, the relation between the special injury and ex post facto concurrent crimes as stated in the judgment, and the equality in the case of being tried together. The above suspended sentence should be invalidated and the defendant must be recovered for one year and six months, and the defendant's age, character and behavior, environment, family relationship, and the circumstances after the crime, etc. of this case are discussed.