A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

【Criminal Power】 On January 13, 2015, the Defendant was sentenced to one year and six months by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court, and was released on January 26, 2017 in a female prison and passed on February 24, 2017 during the execution of the sentence.

【Criminal Facts】

1. On February 22, 2020, the Defendant: (a) around 05:20 on February 22, 2020, went into the “D” restaurant operated by the victim C in Gwangju-dong-gu, Gwangju-gu; (b) went into the said restaurant through a window not corrected on the right side of the place; and (c) went into the said restaurant; and (d) was stolen by having four non-studios influories in an amount equivalent to KRW 12,500 at the market price owned by the victim who was packed in vinyl in the cooling house.

2. On February 24, 2020, around 02:36, the Defendant attempted to larceny at night buildings. Around February 24, 2020, the Defendant: (a) concealed a tent installed in the entrance to the “G” in Gwangju Dong-gu, Gwangju; (b) invaded into the entrance; and (c) did not find stolen things, but did not lead to attempted crimes.

Summary of Evidence

1. Statement F and C of the defendant in court;

1. On-site photographs, etc., cover photographs, CCTV-cap photographs, CCTV images, site photographs, on-site images, reports on the results of field identification, and CCTV-cap photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of Acts and subordinate statutes to the status of confinement of individuals;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (a crime of larceny at night), Articles 342 and 330 of the Criminal Act (a crime of larceny at night);

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (at night, determination of types of larceny) (the determination of types of larceny); thief [No. 4] intrusion larceny [Special Convict] mitigation element] against general property: In cases of intrusion upon places other than indoor residential space, which are punishable as an aggravated element of punishment: