[criminal power] On March 20, 2014, the Defendant was sentenced to imprisonment for a maximum of five years and three years and six years and the execution of a sentence was terminated in an original prison on February 5, 2019 by a sentence of imprisonment with prison labor for an attempted murder in the original branch of the Chuncheon District Court. On April 14, 2020, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the Daegu District Court Kimcheon Branch, and the said judgment became final and conclusive on April 22, 2020.

【Criminal Facts】

On February 15, 2020 between 01:50 and 01:59, the Defendant: (a) operated the Victim C in Gyeonggi-si Population B; and (b) committed the theft of the office entrance door, which the Defendant had been kept in custody, by destroying and damaging the windows of the said gas station; (b) opened the entrance door of the said gas station by using the said keys, and opened the office room at the office; (c) laid down the money of KRW 38,000 in cash; and (d) 66,005 in cash by operating the gas station; and (e) 43 francing the gasoline in transit; and (e) 100,000 in cash, which was kept in the inside the gas station, and 100,000 in francs each amount.

Accordingly, the Defendant stolen another’s property by destroying and damaging the door, the wall, and a part of the structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A criminal investigation report (to hear statements from the victim), CCTV images-fashion photographs, and investigation reports (to hear statements from the victim's telephone);

1. Previous records of judgment: Criminal history records, investigation reports (related to repeated crimes), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;

1. Articles 331(1) and 330 of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 of the Criminal Act, Articles 39 (1) and 55 (1) 3 of the Criminal Act mitigated by law following the treatment of concurrent crimes and the treatment of concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act was to commit the instant crime during the period of repeated crime, and the attitude of committing the instant crime is poor.