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

Punishment of the crime

[Criminal Power] On November 15, 2012, the Defendant was sentenced to one year and six months from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on November 15, 201, and completed the execution of the sentence in the Clean Correctional Institution on April 1, 2014.

【Criminal Facts】

1. Night theft;

A. On March 31, 2015, the Defendant committed the crime: (a) around 02:00 on March 31, 2015, at the “D” restaurant located in Jinjin-si C; and (b) upon intrusion into the inside through a window not corrected in the latter part, the Defendant stolen the cash of KRW 120,000, which was owned by the victim E and kept in the depository.

B. On April 2015, the Defendant: (a) 02:00, supra, on April 1, 2015, 2015, invaded into the restaurant by the window that was not corrected in the restaurant warehouse at the G “G” restaurant located in F, Jin-si; and (b) stolen cash owned by the Victim H, which was kept in the depository, with KRW 50,000,000.

2. A special larceny: (a) around 02:05 on April 10, 2015, the Defendant: (b) destroyed the corrective device of the victim K at “J restaurant”; and (c) stolen the cash owned by the victim K, which had been kept in custody in the depository, using the rash extraction from the rash (i.e., a single name) and intruded into the rash; and (d) stolen the 95,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E, H and K;

1. Previouss before judgment: Application of criminal records, inquiry reports, confirmation reports on the release of prisoners, and other Acts and subordinate statutes;

1. Relevant Article 330 of the Criminal Act and Article 331 (1) of the Criminal Act for the crime in relation to the selection of applicable law and punishment (at night, the point of larceny and the choice of imprisonment)

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is the first crime [the scope of recommending punishment] for general property type 4 (In the mitigated area (8 to 1.6 months) (special mitigation) for the theft of general property (special mitigation) (type 4), in a case where a person intrudes into a place other than an indoor residential space (type 4), in a case where he carries no penalty or a deadly weapon, or in a case where he carries a weapon at night.