A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On February 14, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny by the Cheongju District Court on February 22, 2017 and the judgment became final and conclusive on February 22, 2017.

1. On February 8, 2016, at around 23:40, the Defendant parked Epoter vehicles in front of the “D” restaurant located in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant: (a) confirmed that the victim F, who is the owner of the said restaurant, completed the restaurant business and left the restaurant, and subsequently, extracted the locker system of the restaurant in advance, destroyed it, and intruded into the said restaurant with approximately one million cash owned by the victim during the payment period.

2. On February 10, 2016, around 02:10 on February 10, 2016, the Defendant: (a) intruded into the “H cooperative” office located in Chungcheongnam-si G, Chungcheongnam-si; and (b) stolen, using a window opened in front of the office of “H cooperative”; and (c) had eight books of “spams” worth totaling one million won of the market value of the victim I-owned in a warehouse.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the F and J;

1. A written statement of I;

1. Each investigation report (in relation to the specification of suspected vehicles and suspects, the next investigation into the suspect, the investigation into the suspect, the nominal owner of the suspected vehicle, etc.);

1. All on-site photographs, CCTV photographs, and photographs of the posite vehicles;

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

1. Article 331 (1), Article 330 (Special Larceny) of the Criminal Act and Article 330 of the Criminal Act concerning facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);