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

Punishment of the crime

[Criminal Power] On August 11, 2017, the Defendant was sentenced to one year and six months of imprisonment for habitual larceny at the Daegu District Court, and was released on July 30, 2018 and passed on September 20, 2018 during the execution of the sentence.

【Criminal Facts】

1. On May 30, 2020, at night, the Defendant: (a) went into the C building located in Daegu Northern-gu B, Daegu Northern-gu; (b) went into the first floor street with the open entrance; and (c) took advantage of the gap in the surrounding area, the victim D operating a screen golf range on the fourth floor of the same building using the gap in which there is no person in the surrounding area; and (d) cut off the exhauster’s photograph carried by a female professionallley in his hand from the exhauster support unit installed in the same road, and cut off one exhauster in the amount of KRW 70,000 at the market price owned by the victim.

Accordingly, the defendant invadedd the building managed by the victim at night, and stolen the victim's property.

2. On June 1, 2020, around 15:30 on June 1, 2020, the Defendant intruded into the front of the screen driving range of the fourth floor of the above building operated by the victim through the entrance of the 1st floor, and then, on the part of the victim, from the exhauster advertising support stand set up in the above 4th floor, the Defendant cut the above exhauster from the exhauster support stand set up in the above 4th floor with hand, cut off one exhauster of KRW 70,00 in the market price owned by the victim, and intruded into the building managed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (in cases of attaching photographs to the suspect's scene of the crime), investigation report (in cases of confirmation of the time when the crime is committed on the day);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act (the points of larceny at night), Article 329 of the Criminal Act, and Article 319 (1) of the Criminal Act (the points of intrusion upon residence and the choice of imprisonment);

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

1. The former part of Article 37 of the Criminal Code among concurrent crimes.