[criminal power] On June 3, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for night building intrusion theft in the Incheon District Court Branch of the Incheon District Court on January 22, 2016, and was sentenced to ten months of imprisonment with prison labor for the same crime in the same court on May 19, 2016, and was sentenced to eight months of imprisonment with prison labor for the same crime in the Incheon District Court on May 19, 2016, and was sentenced to one year and two months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) from the Vice Branch of the Incheon District Court on October 27, 2017, and completed the execution of the sentence in the Gyeyang Prison Prison on March 22, 2019.

【Criminal Facts】

On May 6, 2019, at around 00:41, the Defendant opened the main entrance door on the restaurant operated by the victim C in Yangcheon-gu Seoul Metropolitan Government, which was not corrected, and intruded into the opening, and had approximately KRW 200,000 of the market price owned by the victim, and approximately KRW 96,000 of the cash in this area.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times with prison labor due to theft, etc., has intruded the structure at night within three years after the execution of the sentence, and has stolen the property of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A criminal investigation report (a copy of a videoCCTV with a criminal motion picture and with a view to entry and exit);

1. A report on investigation (related to the amount of damage);

1. Before judgment: References to criminal records, references to criminal records, and reports on the results of confirmation before disposition, and applicable Acts and subordinate statutes;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes under Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime requires aggravated punishment as part of the elements for a repeated crime. As such, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that the relevant provision of the relevant Act is deemed special provision under Article 35 of the Criminal Act, and does not separate aggravation of repeated crime,

1. Article 53 of the Criminal Act for discretionary mitigation.