A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[Criminal Justice] On August 23, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for night building intrusion theft in the Goyang Branch of the District Court, and completed the execution of the sentence in a governmental prison on April 5, 2019.

【Criminal Facts】

On July 27, 2019, around 04:10 on July 27, 2019, the Defendant opened the back of the “D” operated by the victim C in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and intruded into the said 1,50,000 won in cash, which is the victim’s possession, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C victim statement;

1. Compilation photographs of internal reports (on-site rents, etc.) and on-siteCCTV;

1. Report on investigation (Attachment of clothes worn by a suspect on the day of committing the crime), and clothes and photographs worn on the day of committing the crime;

1. Investigation report (verification of the amount of damage inflicted on the victim);

1. Previous records of judgment: Criminal records, inquiry reports, results of prisoners' search, investigation reports (report on confirmation of repeated crimes of the same kind A), and application of statutes governing judgment;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [Type 4] for general property; intrusion larceny (special scams): In cases of intrusion upon places, other than indoor residential space, the factors of aggravation: The area of mitigation of punishment (the area of recommending punishment and the scope of recommending punishment] for the same repeated crime not falling under the specific crime aggravation (the scope of recommending punishment) and imprisonment for August through June;

2. Despite the number of times to record the same kind of crime as the sentence to be sentenced, it is highly likely to repeat the repeated crime during the period of repeated crime;

However, it shows the attitude of the defendant's mistake and the frequency of the crime, and the fact that the amount of damage is only one time and 1,50,000 won, considering the favorable circumstances of the defendant, various records and trials are shown in the defendant's age, character and conduct, environment, circumstances after the crime, etc.