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

Criminal facts

On April 2, 2017, at around 03:10, the Defendant opened a door to the “E” restaurant operated by the victim D located in Guro-gu Seoul Metropolitan Government, and opened the cafeteria and the draber, and entered the front door of the side in which the correction device is installed between the building of the said restaurant and the building adjacent to the said cafeteria, entered the front door of the said cafeteria, and then damaged part of the cafeteria, and then intrudes into the said cafeteria.

Then, the defendant, who was placed on the side floor of the above restaurant calculation unit, was cut off with a clock which contains a cash amounting to KRW 300,000,000,000, belonging to the victim and was placed on the day of the above restaurant calculation unit.

Accordingly, the defendant stolen the victim's property by destroying and impairing part of the structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Scenes of on-site photographs and CCTV in the scene of occurrence;

1. Application of Acts and subordinate statutes to a prosecution report (specific report on the amount of damage);

1. Article 331 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of punishment: Imprisonment with prison labor for up to 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the scope of the punishment [the scope of the punishment] for general property, and the mitigation area (eight months to one year and six months)] (special sentencing factors] special aggravated persons: In cases of intrusion upon places, other than indoor residential spaces, where such person intrudes into places, other than indoor residential spaces.

3. The decision to sentence sentence (eight months of imprisonment) that the crime of this case is not good in light of the motive, attitude, etc. of the crime, and the defendant has the record of being sentenced to punishment and suspended execution several times prior to the crime of this case, and the defendant also has the record of being sentenced to punishment and suspended execution several times of larceny, and on February 3, 2017, was committed by the Seoul Southern District Court with the suspension of execution for eight months of imprisonment.