A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal history] On September 14, 2017, the Defendant was sentenced to a suspended sentence of two years on September 22, 2017 by imprisonment with prison labor for night building intrusion larceny at Seoul Southern District Court, which became final and conclusive on September 22, 2017, and is currently under suspended sentence.

On September 19, 2018, the Defendant was sentenced to a suspended sentence of 6 months in Seoul Southern District Court on the following grounds: (a) the Defendant was sentenced to a suspended sentence of 6 months; (b) on September 28, 2018, the Defendant was finally sentenced to a suspended sentence of 6 months.

[2] On August 31, 2018, at around 00:50, the Defendant: (a) opened and intruded into a E family department operated by the second floor victim D of the Seoul Guro-gu Seoul Metropolitan Government C building for the first time; and (b) committed a theft with the sum of KRW 98,000 in total from the payment period of gold transfer, which is placed on the reception stand, of the victim’s land and dials.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on occurrence of an accident (the theft by intrusion at night);

1. On-site photographs;

1. Previous convictions in judgment: Application of inquiries about criminal history and investigation reports (formers and attachment of written judgments) and statutes;

1. Article 330 of the Criminal Act concerning the crime;

1. The latter part of Article 37 of the Criminal Procedure Act: Provided, That the amount of damage is minor and the victim does not want the punishment of the defendant.

Unfavorable circumstances: the defendant committed the larceny of intrusion on the night structure even though he had been sentenced to 2 years of suspended execution in 6 months of imprisonment with prison labor due to the intrusion on the structure at night, even though he had the record of the crime, he committed the larceny during the suspended execution period.