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

Punishment of the crime

[Criminal Power] On September 6, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the pure support of the Gwangju District Court on February 13, 2020, and completed the execution of the sentence in the Net Prison.

【Criminal Facts】

At around 08:30 on May 28, 2020, the Defendant: (a) opened a small-scale window that has not been corrected in the victim’s D residence in the B apartment C-dong 12th floor of Gwangjuyang-si, B-dong 12, and collected the hand between the crime prevention window and intruded the victim’s residence; and (b) went into the victim’s residence; and (c) caused a theft of 1,500,000,000 won at the market price of the victim’s ownership located on the top of the ship.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, and F;

1. A report on the results of field identification;

1. Photographs records, investigation reports (CCTV image analysis) and CDs;

1. Investigation report (verification of damaged goods by a suspect in G);

1. Previous records: Criminal records, etc. inquiry reports, investigation reports (report attached to criminal records, etc. related to repeated crimes of suspects), each judgment, and application of Acts and subordinate statutes to the current status of confinement of individuals;

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 among concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for larceny heavier than punishment);

1. The scope of punishment by law: Imprisonment for one to six years;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types]; thief for general property [type 4] intrusion larceny [the scope of recommending area and recommending punishment]; thief for the basic area; and 1 to 2 years and six months.

3. According to the decision of sentence, the sentencing factors of the Defendant’s age, character and conduct, environment, motive, background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime shall be determined as ordered by considering all the factors of sentencing as shown in the trial of this case.

The defendant recognizes all crimes, and repents his mistake.