A defendant shall be punished by imprisonment with prison labor for three months.

Punishment of the crime

【The Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court on February 2, 2017, and the execution of the sentence was terminated on June 15, 2017. On December 20, 2017, the Seoul Western District Court sentenced one year to imprisonment with prison labor for night structure intrusion larceny, larceny, etc. at the Seoul Western District Court on December 20, 2017 and the judgment became final and conclusive on December 28, 2017.

[Criminal Facts]

1. On October 10, 2017, around October 10, 2017, the Defendant: (a) intruded into the “EM store” managed by the victim D in the C commercial building located in Jongno-gu Seoul Metropolitan Government, and attempted to steals money by opening a book; (b) however, the Defendant was unaware of the victim, and did not commit an attempted crime.

2. On October 10, 2017, the Defendant: (a) opened a closed door of “G” managed by the Victim F, located in a commercial building as set forth in paragraph (1) around October 10:19, and intrudes into such a thief, thereby withdrawing KRW 270,000,000 in cash owned by the victim of the stief on his/her book.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. Investigation report ( CCTV investigation into crime places);

1. Previous record: The current status of personal confinement, investigation report (the previous record confirmation report) and the application of Acts and subordinate statutes as a result of case search;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 319(1) (a) of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment, respectively,

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. In light of the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and the circumstance and contents of each of the crimes of this case, the damage was recovered or did not agree with the victims for the reason of sentencing, and the Defendant committed another crime during the period of repeated crime due to the record of the completion of punishment as seen earlier, even though there were several criminal records, even if the execution of punishment was completed for the same kind of crime, it is inevitable to sentence the Defendant.

(b).