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

One place for leisure purposes seized shall be confiscated.

Criminal facts

[criminal history] On May 28, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual special larceny at the Jeju District Court, and on September 24, 2016, the Defendant completed the execution of the sentence.

[Criminal facts]

1. On January 22, 2017, around 05:37, the Defendant: (a) intruded into a “E” restaurant operated by the victim D of the victim D in Gumi-si, Gumi-si; and (b) invadedd by a door; and (c) stolen KRW 70,000,000 in cash owned by the victim in the Kitter’s safe.

2. On January 27, 2017, the Defendant attempted to larceny at night buildings, with the intent of theft of money and valuables around 05:14, and intruded through windows at the “H” restaurant operated by the victim G in the Gumi-si F, the Defendant did not commit an attempted crime, even though the Defendant opened the Kitter’s safe, but did not have any money and valuables to steal.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, I, and G;

1. Seizure records;

1. A report on the results of field identification;

1. Each photograph and each CCTV photograph;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, results of search by prisoners, and application of the statutes governing the judgment;

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Articles 342 and 330 of the Criminal Act (a thief by intrusion upon a structure at night), and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for larceny of intrusion into a structure at night with heavy quality);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Application of the sentencing criteria;

(a) In the event of intrusion upon a structure at night, theft [the scope of punishment] [the scope of punishment] of larceny against general property, in the event that it intrudes into a place other than an indoor residential space (a person who is specially mitigated for August or one year and six months) in the mitigated area (special mitigation], a repeated crime of the same kind which does not fall under the aggravation of punishment / Aggravated Punishment (a repeated crime) of a specific crime;

(b) No sentencing criteria are set for attempted larceny of any structure intrusion at night;

(c) 8 months of imprisonment with prison labor for multiple crimes;