A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On November 22, 2006, the Defendant was sentenced to six months of imprisonment with prison labor for an attempted larceny of night buildings in the Hongsung branch of the Daejeon District Court, and on February 14, 2008, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) at the Sejong District Court Pyeongtaek District Court on February 14, 2008; on March 26, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for an attempted larceny in the Daejeon District Court on December 22, 2010; and on November 4, 2011, the Defendant was sentenced to imprisonment with prison labor for a total of 13 times for a crime related to larceny, such as larceny, nighttime intrusion, and special larceny.

On January 30, 2013, around 22:37, the Defendant: (a) opened a “E” restaurant operated by the victim D in Seosan-si, Seosan-si; (b) intruded into a restaurant; and (c) stolen another’s property by impairing one small credit cooperative with which the market price owned by the victim on the front page cannot be known; and (d) cash 200,000 won on the part of the victim; and (b) intruded another’s property at night.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. All on-site photographs;

1. Previous records: Application of criminal records, etc., investigation reports (report attached to judgments) and other written judgments attached thereto (No. 10 through 14) and Acts and subordinate statutes; and application of investigation reports (report on the date of release);

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Considering that the Defendant committed the instant crime during the period of repeated crimes, even though he/she had been punished for committing the same kind of larceny, etc. over several times for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., the confession, the amount of damage is small) of the Criminal Act, the Defendant committed the instant crime.