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

Punishment of the crime

On January 30, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the Goyang Branch of the District Court, and completed the execution of the sentence in the medical prison on June 26, 2013.

1. On October 11, 2013, at night, the Defendant: (a) intruded a cret operated by the victim D in Goyang-dong C in Goyang-si, Goyang-si; (b) took the door of the coffee set up in the place in question in hand and scambled, and cut off the cash amounting to KRW 10,00,000, totaling about 100,000, which is owned by the victim; and (c) took the door of the coffee set up in the place in question in hand.

2. On October 12, 2013, the Defendant attempted to larceny at night buildings, and then intruded the gap in the places described in paragraph (1) above at night, and attempted to steal cash contained therein by putting the door of the coffee set up in the said place in hand and scambling it, but did not contain cash.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (a point of larceny of a structure at night), Articles 330 (a point of larceny of a structure at night), 342, and 330 (a point of attempted larceny of a structure at night);

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 (aggravating concurrent crimes with the punishment determined for night buildings, structures, intrusion and larceny, which are heavier than the circumstances of the crimes);

1. The scope of recommending sentencing guidelines for the accused for the reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending sentencing guidelines for the accused is August 8-1 and June of imprisonment [in cases of intrusion mitigation section (in cases of special mitigation: in cases of intrusion upon a place other than an indoor residential space, the victim's failure to punish the victim, and the person under special mitigation: the same kind of repeated crime)] or one of the above two criminal facts is limited to the theft amount of 10,000 won, and the other one is the victim's attempted crime.