A defendant shall be punished by imprisonment for six months.

The application for compensation of this case is dismissed.

Punishment of the crime

[criminal history] On May 12, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for larceny of at night buildings in the Seoul Northern District Court, and completed the execution of the sentence in the Sungdong Detention House on July 14, 2016.

[2016 Highest 498]

1. At night, the Defendant: (a) around October 8, 2016; (b) around 03:57, the Defendant: (c) opened a cosmetic operated by the victim C in Dongdaemun-gu Seoul Metropolitan Government; (d) opened an unlocked window; and intruded into it; and (e) opened a set of 10 foot 10,000 won per annum and 30,000 won per the victim’s own 10 foot; and (e) set up a pair of 100 foots owned by the victim;

In other words, they stolen them.

2. On October 8, 2016, around 04:10 on or around October 8, 2016, the Defendant attempted to larceny into a G cafeteria operated by the victim F, the Seoul Dongdaemun-gu Seoul Dongdaemun-gu Seoul Metropolitan Government (hereinafter “Seoul Dongdaemun-gu”) and attempted to intrude the victim with the main window of the bank in the place where the victim finished his/her business and left away. However, the Defendant failed to commit the crime prevention window and failed to realize the intent.

[2017 Highest 282] around October 8, 2016, the Defendant removed and intruded the windows of the first floor “I” shopping mall located in Seongdong-gu Seoul Metropolitan Government H on the first floor, thereby thefting KRW 200,000,000 in cash belonging to the victim J, which was set up in the accounting unit inside the commercial building.

Summary of Evidence

1. The defendant's legal statement [the records of the crime];

1. Inquiry into criminal records, etc.;

1. A criminal investigation report (verification of suspect confinement data- repeated crime) (2016 high group 4988);

1. A written statement of C and F;

1. Each investigation report (CCTV investigation) and CCTV-cap photographs at the scene of a crime;

1. All on-site photographs;

1. Investigation report (Investigation of damaged articles) (2017 order 282);

1. Application of Acts and subordinate statutes of J;

1. Relevant Article 330 of the Criminal Act concerning the crime (the points of larceny at night) and Articles 342 and 330 of the Criminal Act (the points of attempted larceny by intrusion upon residence at night);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

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. Reasons for sentencing of Article 32(1)3 and 32(2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the scope of liability for compensation is not clear by mutual consent with the victim)