The defendant shall be exempted from punishment.

Punishment of the crime

[Criminal Power] On June 29, 201, the Defendant was sentenced to six months of imprisonment for an attempted larceny at night at the Seoul Central District Court, and was sentenced to one year from the date of his/her imprisonment with prison labor for night building intrusion and larceny at the Daegu District Court on January 23, 2014. On June 26, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for night building intrusion and larceny at the port port branch of the Daegu District Court on June 5, 2015 and completed the execution of the final sentence at the port branch on June 5, 2015. On September 20, 2018, the Suwon District Court sentenced two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on September 21, 2018.

【Criminal Facts】

On February 27, 2018, at around 04:10 on February 27, 2018, the Defendant came to a “D” restaurant managed by the victim C located in Yeongdeungpo-gu Seoul Metropolitan Government, and entered the entrance by inserting the beer ker knick in the entrance and opening the entrance in the next restaurant, and taken 1.50,000 won in cash from the credit cooperative located in the calculation belt.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to larceny, has intruded into the structure managed by the victim at night, and has stolen cash owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Criminal records, etc. inquiry reports, personal confinement status, case agreement assistance meetings, and application of double Acts and subordinate statutes of the judgment;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act and the choice of imprisonment for a crime;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under the latter part of Article 39(1) of the Criminal Act exempted from punishment has been that the defendant committed the instant crime during the period of repeated crime, including the same criminal record, and 14 times prior to the defendant. However, the amount of damage in this case is minor, the defendant is led to confession, and the defendant is divided, and 2 years have elapsed since September 21, 2018.