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

Punishment of the crime

[criminal record] On November 9, 2017, the Defendant was sentenced to a suspended sentence of 8 months for an attempted special larceny in the Daegu District Court and racing support, on November 17, 2017, and the judgment became final and conclusive on November 17, 2017, and the probation period is currently under way, and there are more previous capabilities such as receiving a disposition to transfer juvenile protection cases as larceny from the Ulsan District Court on November 18, 2015.

[2] On January 29, 2018, from around 03:00 to around 04:00 of the same day, the Defendant intruded into the zone C of the underground parking lot via the vehicle passage to the apartment site, and opened a door in which the victim D ( South, 60 years old) was parked in, and entered into the vehicle with KRW 70,000 in cash owned by the victim.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. In light of the following, the Defendant and his defense counsel’s assertion on the investigation report (CCTV analysis), investigation report (the fingerprint identity verification of larceny case), and the Defendant’s defense counsel’s assertion that the Defendant was in a state of mental or physical weakness due to mental disorder at the time of the above crime. As such, considering the following evidence, the background leading up to the above crime, the method and method of the crime, and the Defendant’s behavior before and after the crime, etc., the Defendant was deemed to have a psychological development disorder at the time of the above crime, but has weak ability to discern things or make decisions, even though it is deemed that there was a mental disorder at the time of the above crime, and that there was a lack of ability to discern things or

As such, the above assertion is rejected.

Application of Statutes

1. The reason for sentencing Article 330 of the Criminal Code for criminal facts is that of the same kind of crime.