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

Punishment of the crime

[Criminal Power] On July 24, 2018, the Defendant was sentenced to imprisonment with prison labor for night buildings, intrusion of buildings, larceny, etc. at the Seoul East Eastern District Court, and on April 13, 2019, completed the execution of the sentence at the Seoul East Eastern District Court.

【Criminal Facts】

On May 12, 2019, at around 01:00, the Defendant 330,000 won in cash owned by the victim who was in a 'D' restaurant operated by the victim C in Mapo-gu Seoul, Mapo-gu, and the first floor, and intruded with the window that was not locked, thereby leaving the 330,000 won in cash owned by the victim.

Accordingly, the defendant stolen the victim's property by intrusion on the victim's structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on internal investigation (in the place of occurrence);

1. Previous records of judgment: Criminal records, inquiry reports by individuals, current status of confinement by individuals, application of court rulings and other statutes;

1. Article 330 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One month to twenty years;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types] for larceny [Type 4] for general property, intrusion larceny [Special Aggravation] for a mitigated element of punishment: Reduction area of the same type of repeated crime (recommended area and recommendation range] that does not fall under the aggravation of specific crimes, and imprisonment for August through June;

3. Circumstances favorable to the determination of sentence: The punishment shall be determined in consideration of the defendant's age, character and conduct, environment, motive, background, means and consequence of the crime, circumstances after the crime, etc., as well as other circumstances, such as the fact that the defendant's punishment is against one another, and is disadvantageous to the victim: The same repeated crime and the fact that the victim has committed a second offense after