A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 10, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for habitual night structure theft at the Changwon District Court on September 10, 2015, and was sentenced to criminal punishment on March 18, 2016, including the termination of the execution of the above punishment, on March 18, 2016, and was subject to juvenile protective disposition three times in total.

On September 6, 2016, at around 03:35, the Defendant: (a) intruded inside a restaurant by the victim D in Changwon-si Mapo-si C, Changwon-si, Mapo-si through an unreshless back door, and stolen the cash, which is 450,000 won, owned by the Defendant and the victim in the cash storage box.

As above, the Defendant habitually intruded the structure at night and stolen the victim’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by D;

1. A report on the results of field identification;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (the confirmation of criminal records of a suspect, repeated crime, text of judgment, etc.);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that the crimes of several Acts and subordinate statutes are repeated within a short time after the execution of each crime, method of crime, and final punishment of the judgment is completed;

1. Articles 332 and 330 of the Criminal Act concerning the facts constituting the crime;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant had been punished several times for the larceny-related crimes, and the Defendant was sentenced to two years by imprisonment with prison labor for habitual night structure intrusion larceny at the Changwon District Court on September 10, 2015, and on March 18, 2016, after the execution of the above punishment was completed and again committed the instant crime within the short period, in consideration of the fact that the Defendant again committed the instant crime during the repeated offense, it is inevitable to sentence the Defendant.

However, the fact that the defendant acknowledges his mistake and reflects, that the defendant agreed with the victim, and that he does not repeat the larceny-related crime again.

In addition, the defendant's age, sex and environment, and the victim.