A defendant shall be punished by imprisonment with prison labor for up to six months.

Seized divers (No. 2) shall be confiscated.

Punishment of the crime

[criminal power] On May 12, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for habitual special larceny in the Suwon District Court’s Ansan Branch on July 20, 2018, and completed the execution of the sentence in the Ansan Prison.

【Criminal Facts】

On February 12, 2019, the Defendant: (a) around 01:50 on February 12, 2019, at the “D” restaurant operated by Yeongdeungpo-gu Seoul Metropolitan Government building B and the victim C (the victim C (the victim of 49 years of age) with the first floor, dismantled the shock network by cutting down the house installed on the restaurant window in question by using the dracker, which was previously possessed for the purpose of thefting the property; (b) opened a dracker on the top part of the window in which the dracker was loaded and intruded inside the window; but (c) failed to discover the object to be stolen, the Defendant did not commit an attempted crime.

around 03:15 on November 16, 2018, the Defendant: (a) opened an unlocked window and intruded into the said restaurant, thereby leaving KRW 600,000 in cash owned by the victims of G, which was entered in the said Kater’s depository.

Accordingly, the defendant invadedd the building managed by the victim at night, and stolen the victim's property.

Summary of Evidence

【Prior Records at the Time of Sales】

1. Attachments of criminal records, circular statements, copies of the same kind of decision (the current status of acceptance by each accompanying person and the judgment) (the status of acceptance by each accompanying person);

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of victim C;

1. Records of police seizure and list of seizure;

1. Seized articles and on-site photographs (2019Sang124);

1. Defendant's legal statement;

1. G statements;

1. On-site photographs;

1. Application of Acts and subordinate statutes to internal investigation reports (on the spot ctv reading investigation) and photographs of the suspect to be attached to the crime scene;

1. Relevant Articles 342 and 330 of the Criminal Act concerning facts constituting an offense (a crime of larceny at night) and Article 330 of the Criminal Act;

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;