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

Punishment of the crime

On June 1, 2010, the Defendant was sentenced to three years and six months of imprisonment due to rape or bodily injury by a common military court in the 39 Bosup association, and completed the execution of the sentence in Daegu Prison on June 13, 2014.

1. On January 1, 2016, the Defendant: (a) obtained one cell phone of the 900,000 won at the time of the loss of the victim C from the “Osan Cultural Scenic” located in 206, as the previous members of the Ansan-si, Gyeonggi-si; (b) but (c) did not take necessary procedures, such as returning it to the victim.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On June 27, 2016, around 00:16, the Defendant: (a) destroyed the main entrance door of the “E” restaurant located in the Gyeonggi-si Group “D Officetel” on the second floor; (b) destroyed it to a rush (1m in length) in advance; and (c) went into the 150,000 won in cash owned by the victim F in the Kabter credit cooperative.

Accordingly, the defendant stolen the victim's property by intrusion on the victim's structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. On-site photographs;

1. E CCTV image photographs, CCTV images in a G cafeteria, vehicles for use, and suspect's photograph (G cafeteria CCTVs), CCTV images (H convenience points);

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

1. On-site photographs;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current status of personal expropriations;

1. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act (the embezzlement of deserted articles in possession, the selection of imprisonment), and Article 330 of the Criminal Act (the intrusion of a structure at night);

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

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. Crimes 1 (the scope of recommended punishment) (the theft of structures at night) in the scope of the recommended punishment or the applicable punishment [the scope of punishment] in general property, the aggravated area (one year and six months to four years).