The defendant shall be exempted from punishment.

Punishment of the crime

On July 25, 2019, the Defendant was sentenced to two years of imprisonment for larceny, etc. at the Seoul Northern District Court (Seoul Northern District Court) and the said judgment became final and conclusive on August 2, 2019.

1. On December 9, 2018, the Defendant intruded into a structure, and entered the structure of the victim C church via the entrance door of the first floor, which was not corrected, for the purpose of stealing money and valuables from the “C church” located on the second floor of the Seoul Central and the first floor of the Seoul Central and the underground level, around December 9, 2018.

2. On December 9, 2018, the Defendant: (a) discovered the instant “C church” distribution from the third party on the left-hand side of the instant “C church; (b) discovered the diversyer test flaps trading with the victim D; (c) took him/her on his/her own idea; and (d) stolen the divers trading of approximately KRW 400,000 of the market price, which is the victim’s ownership.

Summary of Evidence

1. Statement by the defendant in court;

1. A police seizure protocol and a list of cancer books;

1. On-site reports (CCTV counterpart investigation);

1. Previous convictions: Application of inquiry letter, text of judgment, and the relevant list of cases, such as criminal history;

1. Article 319 of the Criminal Act applicable to the crime, Articles 319 (1) and 329 of the Criminal Act, and the selection of fines for the crime;

1. To treat concurrent crimes and to exempt punishment after Article 37 of the Criminal Act: Provided, That Article 39 (1) (the principle of equity shall be taken into account when a judgment has been rendered concurrently with each crime for which a judgment has become final and conclusive, such as the fact that damaged goods have been returned to victims and the first head of the judgment);

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