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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 25, 2017, the Defendant was issued a summary order of KRW 5 million with fines for larceny, etc. from the Daegu District Court Kimcheon-cheon branch on May 25, 201, and a summary order of KRW 2 million with fines for larceny, etc. at the Busan District Court on August 17, 2017.
In addition, on October 26, 2017, the defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the Busan District Court's Dong Branch of the Busan District Court (No. 2017No. 4288).
Criminal facts
1. On August 28, 2017, the Defendant intruded into the room that found that the entrance door of the “AB” of the second floor of the said room was opened in the Z in Busan Dong-gu, Busan, around 07:30 on August 28, 2017, and intruded into the room occupied by the victim AC.
2. The defendant shall not collect 50,000 won in cash, 10,00 won in cash, and 200,000 won in cash, within the wall of a victim located in the cremation room, who enters the said room on the same date and time, and enters the said room, and then is locked by the victim AC.
As a result, the theft was committed.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of statutes on the statement protocol to AC;
1. Relevant Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, and Article 329 of the Criminal Act, and the choice of imprisonment with prison labor, concerning the crime;
1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] There is no person who has no basic area (one to two years and six months) [the prosecutor's opinion] [the prosecutor's opinion] 1 year [the defendant has been sentenced] in six months of imprisonment with prison labor / six months; the defendant has been punished by several times of larceny; the fact that the stolen article was returned; the defendant has been found to have been guilty; the defendant's age, sex, intelligence and environment; the relationship with victims, motive, means and consequence of the crime; and the circumstances after the crime, etc., the sentencing guidelines set by Article 51 of the Criminal Act are considered.