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

Punishment of the crime

[criminal power] On May 21, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for night building intrusion larceny in the Daegu District Court resident support, and on October 9, 2019, was released from custody by the Kimcheon Juvenile Reformatory on October 29, 2019, and the execution of the sentence became final and conclusive on October 29, 2019.

【Criminal Facts】

At around 03:00 on August 11, 2020, the Defendant intruded into the “D” operated by the victim C in Pyeongtaek-si B through the unrecepted windows, and then cut off the cash amounting to KRW 120,000, which the victim was in custody in PPPPPs.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs, CCTV photographs, CCTV photographs after committing a crime, and previous records of CCTV CDs: The application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Article 330 of the Criminal Act applicable to the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One month to twenty years;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [Type 4] for general property; intrusion larceny (special scams): In cases of intrusion upon places, other than indoor residential space, the factors of aggravation: The area of mitigation of punishment (the area of recommending punishment and the scope of recommending punishment) for the same repeated crime that does not fall under specific crime aggravation (the scope of recommending punishment) and imprisonment for August through June;

3. Determination of sentence: The defendant, who has been sentenced to imprisonment for eight months, has committed again the crime of this case during the period of repeated crime for the same crime, and therefore, his sentence is inevitable.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the extent of damage is minor, the defendant's age, character and conduct, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.