Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

On January 22, 2013, the Defendant was sentenced to imprisonment with prison labor for at night buildings, larceny, etc., and on May 18, 2016, the court sentenced one year and six months to imprisonment with prison labor for habitual special larceny, and on July 14, 2016, this court sentenced one year and six months to imprisonment with prison labor for habitual special larceny and completed the execution of the final sentence in Busan prison on August 31, 2017.

1. On December 1, 2017, the Defendant: (a) at night drinking restaurant intrusion theft: (b) at around 02:00, the Defendant: (c) opened and intruded the entrance of “D” food located in the Dong-gu Busan (hereinafter “F”); and (d) stolen it by holding two (1,600 won at the market price) and one additional gas tank (1,100 won at the market price) if it was owned by the victim who was in the main line.

2. On January 18, 2018, around 01:30, the Defendant: (a) committed larceny in a night landing room restaurant; (b) opened and intrudeed the entrance door behind the Plaintiff, which was located in Busan Dong-gu G (hereinafter “J”); and (c) stolen the Defendant’s cash amounting to KRW 4.90,000,000,000, in cash owned by the victim during the period of cash entry.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to intrusion upon a structure at night, theft, etc., committed larceny to a structure at night again within the repeated crime period.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of J and F;

1. Each photograph/cinematographic output (including closed circuit television images), on-site identification reports, and investigation reports (net 3);

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (13 times a year), text of the judgment, copy of the trial protocol, and application of Acts and subordinate statutes concerning decisions;

1. Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 35 (1) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of recommending punishment] The theft under the Specific Crimes Aggravated Punishment Act (the theft of repeated crimes).