A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On February 6, 2013, the defendant sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Gwangju District Court, on September 22, 2016, the same court sentenced one year to imprisonment for night building intrusion larceny, and on March 16, 2018, the same court sentenced two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the said sentence in the Gwangju Prison on January 12, 2020.

On April 27, 2020, around 08:30 on April 27, 2020, the Defendant: (a) committed theft with an unlocked door door and a cash safe of KRW 30,000,000 in the city, which was owned by the victims of the damage in Gwangju North-gu B and 2 level; and (b) committed a theft with a temporary safe of the city.

Therefore, even though the defendant intrudes on a structure managed by the victim and had been sentenced to imprisonment with prison labor due to larceny at least three times, the defendant stolen the victim's property within the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs, investigation reports (for damaged articles), reports on the results of field identification, fingerprints appraisal reports, on-site surveys, and photographs of the victim of CCTV;

1. Previous convictions in judgment: References to criminal records, investigation reports (reports on the date of release of a suspect), and application of Acts and subordinate statutes to criminal investigation reports (reports on larceny and six times);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act and Article 319 (1) of the Criminal Act concerning the crime (the point of intrusion upon residence and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant again commits the crime during the repeated crime period despite the criminal records, even though he/she had been punished several times for the same kind of crime.

However, the defendant shows a attitude that acknowledges and reflects the mistake.