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

Punishment of the crime

On May 10, 2017, the Defendant was sentenced to two years of suspended sentence for the crime of injury at the Seoul Northern District Court on April 18, 201, and the judgment became final and conclusive on the 18th of the same month, and is still under suspended sentence.

1. On October 11, 2017, the Defendant stolen KRW 350,000,000, in cash owned by the victim D (33 tax) located in Dongdaemun-gu Seoul, Dongdaemun-gu, where the Defendant was working as an employee, by entering the “E” coffee shop, and having 350,000,000, in cash owned by the victim, who was kept in the seat of the said shop.

2. On October 27, 2017, the Defendant: (a) committed a theft of intrusion on a structure at night; (b) at the coffee shop, around October 21, 2017, at around 17, 300,000 won in cash owned by the victim, using the entrance key in which he did not return at the time of withdrawal from the coffee shop; and (c) invaded the structure at the entrance; and (d) stolen the said structure with the cash of KRW 30,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Investigation report (CCTV investigation);

1. Application of statutes on field CCTV photographs;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense (a thief by intrusion upon a structure at night and a choice of imprisonment with prison labor);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 crime (the scope of a recommended punishment) (the mitigated punishment) for general property: The mitigated area (the special mitigated person from August to one year) (the special mitigated person) (the fourth type) for the larceny outside the indoor residential space;

B. The scope of the final sentence due to the aggravation of the crimes No. 2 [the scope of the recommended punishment] th th th th th th th th th th th th th th th th th (General th th th th th th th th th th th th th th th th th th)

2. The fact that the Defendant recognized and reflected the instant crime, and that the amount of damage was relatively small, in favor of the Defendant, committed the instant crime during the suspension of execution, and did not recover from damage.