A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On May 13, 2016, the Defendant was sentenced to five years of imprisonment for habitual larceny in the Gwangju District Court on May 14, 2018, and completed the execution of the sentence in the Gwangju Prison on May 14, 2018.

Criminal facts

On March 17, 2019, around 06:36, the Defendant intruded the victim C through a window operated by the victim C, which was not corrected for the first time, and then stolen 50,000 won in cash, which was the victim’s possession, stored in the Kabter, from that time to March 23, 2019, the Defendant stolen the victim’s property totaling of KRW 1,40,000,000, at night, by intrusion into another’s building at night, as shown in the list of crimes in the attached Table, from March 23, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report (related to "influoring of a building and alteration of a thief structure at night), and internal investigation report (related to "influoring of a thief by intrusion on a structure at night");

1. Reports on theft occurrence, written statements, and photographs of each CCTV image data;

1. Previous records: The application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the current status of confinement of each suspect);

1. Article 330 of the Criminal Act applicable to the crime;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: One month to twenty years;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of larceny [Type 4] for general property; - Infringement larceny [Special Convicts] - Where a person intrudes into any place other than indoor residential space: - In cases of aggravated factors: There is no reason to suspend the execution of imprisonment with labor for the same type of repeated crime [the scope of recommending area and the scope of recommending punishment] mitigated area, and for August through one year and six months [no reason to suspend the execution of a general person] which does not fall under the category of aggravated crimes (aggravated Punishment).

3. Determination of sentence: The fact that criminal records of the same kind of punishment for a year and two months are four times, and one year has passed after the release, recidivism is not committed during the period of repeated crime, and damage recovery is not taken at all.