A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal record] On November 12, 1998, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of the Daegu District Court on July 8, 2010, five months of imprisonment with prison labor for a crime of larceny and intrusion upon residence at the Daegu District Court on May 17, 201, ten months of imprisonment with prison labor for a crime of attempted larceny at the Busan District Court on August 14, 2013, and one year and six months of imprisonment with prison labor for a crime of attempted larceny at the Daegu District Court on September 18, 2015, and two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on October 20, 2016, and the final execution of the sentence at the Daegu District Court on August 21, 2018.

【Criminal Facts】

1. Around 12:20 on July 4, 2019, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (thief) opened a “D” restaurant operated by the victim C in Daegu-gu Dong-gu, Daegu-gu, and opened a corrected entrance, and cut off 50,000 won in cash that was contained in the cash receipt and disbursement machine.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to larceny, has committed larceny again.

2. The Defendant, at the time stated in paragraph 1, was placed in the above restaurant operated by the victim C, and opened an unrecepted entrance and intruded into the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Seizure records;

1. Previous convictions indicated in judgment: Inquiry reports, investigation reports (verification of a repeated crime of a suspect), and application of Acts and subordinate statutes to confirm the expropriation of individuals;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act and Article 319 (1) of the Criminal Act concerning the crime (the point of intrusion upon a structure and the choice of imprisonment with prison labor);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are diverse defendants.