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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
On September 14, 2017, at around 03:00, the Defendant: (a) opened a restaurant through a studio, which was not corrected between the building and the adjacent building; and (b) invaded into a restaurant, and stolen the cash, which is 230,000 won, owned by the victim, and was in a small depository located there.
In addition, the Defendant attempted to steals the total amount of KRW 1,050,000 from September 14, 2017 to October 11, 2017, as indicated in the list of crimes in the attached Form, or attempted to steals the victims’ goods on seven occasions, but did not commit such attempted crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F, G, and H;
1. Each statement of I, D, J, and K;
1. Application of Acts and subordinate statutes for investigation reports (verification of sunrise and sunset time involved in the facts constituting the crime of this case);
1. Relevant provisions of the Criminal Act and Articles 331(1) (special larceny) and 330 (the occupation of larceny and nighttime intrusion larceny) of the Criminal Act concerning facts constituting an offense, Articles 330, 330, 342 (the occupation of attempted larceny of intrusion buildings at night and attempted larceny of intrusion at night) and 329 (the intention of Section 329) of the Criminal Act concerning the selection of punishment;
1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (Scope of Recommendation on Basic Crimes (Special Larceny) is to be imposed on general property in the area of mitigation (Influence from August to January 6) (Influence of Punishment) [Determination of Punishment] of the area of mitigation (influence of intrusion-type), (influence of one year and six months) of the Act on the Aggravated Punishment of Concurrent Crimes. However, in light of the following: (a) the damaged amount of each of the crimes in this case is relatively small amount; (b) the Defendant repeated the larceny by the method of committing extremely poor crimes that are committed in a short period; (c) the Defendant did not repay damage; and (d)
However, in determining the sentence, the fact that the defendant seriously reflects his fault, and the amount of damage.