A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

1. On October 21, 2018, at around 02:59, the Defendant: (a) carried the entrance glass from “D” operated by the victim C in Bupyeong-si B; and (b) carried out the above food store by using a watch installed in advance; (c) 15,816,90 won in cash, Chinese money 146 pages, and 2,00,000 won in total in the market value, and 180,000 won in Chinese tobacco amounting to KRW 180,00 in the market value.

Accordingly, the Defendant destroyed door at night and invadedd the structure that the victim can receive, thereby cutting down the victim’s property.

2. On October 21, 2018, the Defendant: (a) returned to the food stores listed in paragraph (1) around 03:50 on October 21, 2018; (b) again 7 lusent Chinese tobacco equivalent to KRW 315,000, the market price of the victim’s possession in the location.

Accordingly, the defendant stolen the victim's property by impairing the victim's structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report (data showing CCTV images before and after committing a suspect);

1. Protocols of seizure, list of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Article 331 (1) of the Criminal Act (the point of special larceny) and Article 330 of the Criminal Act concerning facts constituting an offense (the point of larceny in intrusion upon a structure at night);

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;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) The first crime (the scope of a recommended punishment) committed against general property: the basic area (one year to two years) (special mitigation (special mitigation)) / Where a person intrudes into a place other than an indoor residential space (the four types) / Where a person carries a lethal weapon, or where a person intrudes into a residence at night or at night (the four types), such as a residential damaged or a structure damaged at night;

B. The mitigated area of No. 2 crime [the scope of recommended punishment] No. 4 (Intrusion thief) for general property (one month from August to June).