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

Punishment of the crime

[criminal power] On May 18, 2016, the Defendant was sentenced to four months of imprisonment with prison labor or eight months of imprisonment with prison labor in the Changwon District Court for night building intrusion theft, and completed the execution of the sentence in the Changwon Prison on May 31, 2017. On April 23, 2020, the Defendant was sentenced to ten months of imprisonment with prison labor for night building intrusion theft, etc. in the Busan District Court’s Dong Branch Branch, and the said judgment became final and conclusive on June 29, 2020.

【Criminal Facts】

around 01:30 on January 9, 2020, the Defendant came to a “D” restaurant operated by the victim C in Suwon-gu, Busan on January 9, 2020, and entered the said restaurant through the open door, and carried 250,000 won in cash, which is owned by the victim in the cash machine at the place.

Around 01:00 on January 29, 2020, the Defendant: (a) around 01:00, the Defendant: (b) entered a restaurant through a “G” restaurant; (c) did not correct main window; and (d) damaged the cash gate in the carcter; and (c) attempted to steal cash, but did not contain cash in the cash machine; and (d) attempted to commit attempted crimes.

Summary of Evidence

"200 Highest 1136"

1. Defendant's legal statement;

1. C’s statement of crimes, photographs, field identification reports on the results of the crime;

1. Defendant's legal statement;

1. The F’s statement, on-site photographs, 112 report processing records, on-site identification reports, and on-site identification reports;

1. The application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and outputs of court cases;

1. Relevant Article 330 of the Criminal Act, the choice of punishment for the crime, Articles 342 and 330 of the Criminal Act, and Article 366 of the Criminal Act concerning the 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 Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders has committed each of the crimes of this case during the period of the same repeated crime.