A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 24, 2017, the Defendant was sentenced to two years in Busan District Court due to night residence intrusion theft, etc., and completed the execution of the sentence on March 1, 2019.

On July 14, 2019, at around 03:15, the Defendant: (a) examined the fence at the victim’s residence in the Dong-gu Busan Metropolitan City, B; (b) removed the correction device of the inner part of the gate through the gate, and intruded against the inside part of the gate, the Defendant: (c) stolen money and valuables equivalent to KRW 80,000,000,000,000,000,000,000,000,000,000,000,000,000,000, and00,000, out of the total market value; (d) the Defendant, in the case of the victim’s residence

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A criminal investigation report (CCTV image data analysis);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes (verification of suspect A repeated records);

1. Article 330 of the Criminal Act applicable to the crime;

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [decision of types] thief for general property [Type 4] Intrusion upon (special sponsor] : Reduction elements for living types, crime of aggravation of punishment, and element of aggravation of punishment: In the area of mitigation of punishment (in the area of recommending punishment and scope of recommending punishment) for the same repeated crime that does not fall under specific crime Aggravated Punishment, range of imprisonment with labor for up to August 1 and June;

3. Determination of sentence: Although the defendant has been punished several times for the same kind of crime, he/she again commits a crime within the period of repeated crime; and that the defendant's intrusion upon his/her residence at night and larceny requires strict punishment is disadvantageous to the defendant.

However, considering the fact that the amount of damage is not significant and the victim does not want to be punished against the defendant, the age, character and conduct, environment, and motive and background of the crime.