A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[Criminal Justice] On October 5, 2018, the Defendant was sentenced to two years of imprisonment for habitual larceny and intrusion upon residence at Seoul High Court (Seoul High Court) and completed the execution of the sentence on May 1, 2020.

【Criminal Facts】

On June 26, 2020, at around 16:40 on June 26, 2020, the Defendant: (a) committed a theft with a 300,000 won amount of money in the name of the victim C, which was located in the Namdong-gu Incheon Metropolitan City, with the mind that the Defendant steals the goods in the residence of the victim C; (b) opened two of the crime prevention windows of alinium located in the kitchen window, opened the kitchen window, and intrudes the kitchen, and opened the window up to the inner bank; and (c) cut off with one string with approximately three hundred thousand won

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Each internal investigation report and each investigation report;

1. On-site photographs, reports on results of field identification, and photographs of the same goods as the damaged goods;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (former records and attachment of judgments), and application of Acts and subordinate statutes attached to judgment;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 18 years;

2. Aggravation of the recommended punishment according to the sentencing guidelines [decision of types] Scope of larceny [Type 4] for general property, intrusion larceny [Special Aggravation] : Elements of mitigation of the same kind of repeated crime that does not correspond to specific crime Aggravated Punishment: Living [the scope of recommending area and revised punishment] mitigated area, imprisonment for not less than eight months (the crime of larceny for which the sentencing guidelines are set and intrusion upon residence for which no sentencing guidelines are set are related to concurrent crimes under the former part of Article 37 of the Criminal Act, compliance with only the lowest limit of the recommended punishment range for the crime set forth in the sentencing guidelines shall be observed);

3. Determination of sentence: Imprisonment with prison labor for a condition unfavorable to October: The crime of this case;