On October 11, 2012, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, with one year and six months, and was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, by the Jung-gu District Court on April 14, 2015. On September 23, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, by the Seoul Western District Court on November 22, 2017. On August 31, 2019, the Defendant completed the execution of the sentence in the Busan Correctional Institution.

At around 11:20 on December 29, 2019, the Defendant: (a) went through a “D” restaurant operated by the victim C in Eunpyeong-gu Seoul, Seoul; (b) went beyond the fence, and (c) went through a window that does not correct the restaurant rear, and (d) opened a credit cooperative located in the Raber in the Raber, and cut off the cash therein.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. C’s statement;

1. A thief photograph;

1. Each internal investigation report and investigation report;

1. The official text requesting the DNA appraisal and fingerprint appraisal; the site of the incident and the related CCTV data; the CCTV tracking data on the escape routes; the official text and reply materials requested for investigation and cooperation; and the video recording CDs around the scene of the incident;

1. Previous records of judgment: Application of criminal records, probationary records, personal confinement status, investigation report (former records and attachment report of judgment) Acts and subordinate statutes;

1. Relevant Article 319 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon buildings and the choice of imprisonment), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act concerning the crime;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Many of the records of punishment of imprisonment with prison labor or suspended execution due to the crime of larceny for the same kind of reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.