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

Punishment of the crime

[criminal history] On May 27, 201, the Defendant was sentenced to a suspended sentence of ten months for larceny, etc. at the Changwon District Court’s Tongwon District Court’s branch office, and on July 17, 2012, the suspended sentence was invalidated upon being sentenced to six months of imprisonment for special larceny at the Busan District Court’s Busan District Court. On June 18, 2015, the Defendant was sentenced to two years of imprisonment for special larceny at the Busan District Court’s Busan District Court’s branch office and completed the execution of the sentence on March 29, 2017. On September 19, 2018, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court’s Busan District Court’s branch office, and the judgment became final and conclusive on September 28, 2018.

[2] On May 14, 2018, at around 03:00 to 04:0, the Defendant: (a) removed the cret of the victim’s leaving the restaurant operated by the victim C, which is located in Busan Southern-gu, by means of removing the cret of the victim’s leaving the restaurant in his hand; and (b) invaded the said window into the restaurant through the above window by destroying the cret of the cret of the victim’s leaving the restaurant; (c) subsequently, the Defendant opened a gold transfer in the container at the window, and stolen the 150,000 won in cash, including 10,000 won in total, and 100,000 won in the KRW 10,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A gene appraisal report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a report on investigation (Attachment to a judgment), a report on investigation (verification of larceny), and a report on investigation (verification of whether a judgment becomes final and conclusive) by statutes;

1. Article 331 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 37 of the Criminal Act to treat concurrent crimes and mitigate mitigation thereof: Provided, That Article 39 (1) shall apply;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201)

1. The crime of this case subject to the sentencing guidelines is one of the concurrent crimes under Article 37 of the Criminal Act, since the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in which the judgment becomes final and conclusive.