A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 28, 2014, the Defendant was sentenced to two years of imprisonment for a crime of in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence at a Mapo prison on May 17, 2016.

On February 6, 2017, at around 21:00, the Defendant entered the office located in Namdong-gu Incheon Metropolitan City D2, D2, with a locked machine, and entered the office managed by the victim E and carried KRW 30,000,000,000 in the market price.

The Defendant, as seen above, stolen the victim’s property by destroying the door at night and impairing the structure.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to field photographs and CCTV photographs;

1. Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;

1. As to the Defendant and his defense counsel’s assertion of aggravated repeated crime Article 35 of the Criminal Act, the Defendant and his defense counsel had a mental and physical weakness at the time of committing the instant crime.

The argument is asserted.

According to the above evidence and the evidence duly adopted and examined by this court, the defendant's drinking alcohol to a certain extent at the time of the crime of this case is recognized as having been in use, but it cannot be viewed as having reached the mental and physical weakness due to it. Thus, the above argument is rejected.

The reason for sentencing [the scope of the recommended punishment] The mitigated area for general property (8 to one year and six months) / (4) where a person carries a deadly weapon, or intrudes into any place other than an indoor residential space (4) / In the event that a person carries a deadly weapon, or where a person intrudes into a place other than an indoor residential space, or where a person does not fall under the aggravation of specific crimes (4) / In addition to the above sentencing factors, the fact that the person is against the defendant except the above sentencing factors, the fact that the victim did not agree with the victim but part of the damaged object was recovered, the degree of damage, the circumstances of the crime, the character and conduct of the defendant, and the environment.