A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 9, 2015, the Defendant was sentenced to imprisonment with prison labor for at least six months, for larceny of intrusion upon a structure at night at the Incheon District Court, and the judgment became final and conclusive on April 17, 2015, and is still under suspension of execution.

1. From August 2, 2016, the Defendant: (a) around 01:00 on August 2, 2016, entered the “E” restaurant for the victim D operation in Gyeyang-gu Incheon Metropolitan City; (b) opened an unrecepted window; and (c) carried approximately KRW 100,000 in cash in the safe.

The Defendant, as seen above, stolen the victim’s property by intrusion upon the structure managed by the victimized person at night.

2. On August 5, 2016, at around 02:22, the Defendant discovered that the victim G scambling the bank and the victim G scam in front of the Management Office of the F Apartment apartment of Gyeyang-gu, Incheon, and that the Defendant stolen the victim’s property by carrying with the victim, with the victim’s following scam, one cellular phone equivalent to 194,000 won in cash, one card per market price, one cellular phone equivalent to 1,000,000 won in market price, two credit cards, and one resident registration certificate.

3. In the date, time, place, etc. set forth in paragraph 2, the injured Defendant: (a) fished the Victim G (38 taxes)’s bags; and (b) laid the Victim G with a view to getting the Victim not to get off the bags; (c) laid down the fluor; and (d) laid down the Victim’s bags beyond the Victim, and laid the Victim beyond the Victim, thereby causing approximately two weeks of treatment to the Victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. CCTV photographs and diagnostic certificates;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal history;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 329 of the Criminal Act (a thief by intention, choice of imprisonment), and Article 257 (1) of the Criminal Act (a thief by intention, and choice of imprisonment) concerning criminal facts;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of punishment recommended according to the sentencing criteria; and