A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

[Criminal Power] On March 31, 2017, the Defendant was sentenced to six months of imprisonment for a quasi-indecent act by force at the Seoul Southern District Court, and revoked detention on July 18, 2017, and the said judgment became final and conclusive on November 2, 2017.

【Criminal Facts】

1. On November 4, 2019, at around 13:08, the Defendant entering a structure, entering the Doner, which was managed by the victim C in Yangcheon-gu Seoul Metropolitan Government, and then stolen the property, through the entrance door opened from the victim C, and intruded on the structure.

2. The Defendant: (a) discovered dexctrins and other strins equivalent to 500,000 won at the market price managed by the victim, which had been placed in the above time and place; and (b) stolen them with the gap where the manager’s surveillance was neglected.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each investigation report (to hear statements of victims / see the scene of crimes / Confirmation of damaged articles);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of causes for repeated crimes of suspects);

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. From among concurrent crimes, the circumstances favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are recognized by all of the defendants.

The Defendant, as in this case, was subject to criminal punishment on three occasions due to the crime of theft of property by intrusion on the church building.

In addition, the defendant had a record of criminal punishment more than ten times for other crimes, and committed a crime without being aware of it during the period of repeated crime, and the attitude of the defendant's legal order seems to be dangerous.

Until now, no damage recovery has been made.

As above, the Defendant’s unexpected circumstances and other circumstances, such as the Defendant’s age, character and conduct, motive, background, means and consequence of the crime, and the circumstances after the crime.