A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 12, 2016, the Defendant was sentenced to a suspended sentence of six months for committing the crime of larceny at night, which was sentenced to imprisonment with prison labor for the crime of larceny at night, and on September 15, 2017, under the grace period, sentenced to six months from the Suwon District Court’s Ansan Branch to imprisonment with prison labor for the crime of larceny at night, and the said sentence became final and conclusive on September 23, 2017.

On February 21, 2020, the Defendant was sentenced to three months in Seoul Western District Court for the larceny of structures at night, and the execution of the sentence was completed on May 20, 2020.

1. On June 11, 2020, around 14:10 on June 14, 2020, the Defendant, entering a structure, opened an open door at the risk of theft of property, and opened it to the reception stand, and intrudes on the structure of the victim.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft by inserting KRW 120,000,000 in cash owned by the victim, which is entered in the depository of the receiving party for the location, in D of the victim’s operation.

Accordingly, the defendant committed larceny within the period of repeated crime by a person who has been sentenced at least three times to imprisonment with prison labor due to night building intrusion, theft, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement to be prepared;

1. A report on internal investigation (a place of criminal administration and tracking of escape vessels);

1. Previous records before ruling: Application of criminal records, investigation reports (applicable to the review during the period of repeated crimes of a suspect);

1. Article 319 (1) of the Criminal Act applicable to the facts constituting an offense (the point of intrusion upon a structure and the choice of imprisonment), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act;

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

1. Comprehensively taking account of all the circumstances revealed in the instant records and trial process, such as the written diagnosis of August 28, 2017 against the Defendant under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental and physical illness, the Defendant is under the age of 67 and 5, compared to the actual age of 5.