A defendant shall be punished by imprisonment for one year.

Seized evidence 3 through 7, 9 shall be confiscated.

Punishment of the crime

On July 12, 2012, the Defendant sentenced the Seoul Southern District Court to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on January 13, 2015.

Criminal facts

At around 02:07 on February 9, 2015, the Defendant: (a) intruded into the Eca shop operated by the victim D on the first floor of Yeongdeungpo-gu Seoul Metropolitan Government, by putting the entrance kick, and discovered a credit cooperative on which he was in possession of it, and then stolen the cash 18,000 won in which he was in possession, using the dracker who was in possession of it, after opening the bottom of the credit cooperative, and cutting it down.

Accordingly, the defendant stolen another's property by destroying and impairing part of the structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A statement prepared by the F;

1. Police seizure records;

1. Seized objects photographs, on-site photographs, CCTV closure photographs, and CCTV screen data;

1. 112 Reporting case management table;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, copies of judgment, application of Acts and subordinate statutes concerning personal identification and confinement;

1. Article 331 (1) of the Criminal Act applicable to the crime;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] : (a) type 4 (Special Mitigation) (Special Mitigation: Gamth 8 to 16) (Special Mitigation) in the mitigated area; (b) in the case of intrusion upon a living facility outside the indoor residential space (type 4) / in the event of carrying a deadly weapon; or in the case of any other place outside the indoor residential space (type 4), in the case of any like repeated crime (type 4) which does not fall under night damage, residence damage, intrusion upon upon a human habitation, or intrusion upon a structure at night (type 4), or in the case of any other similar repeated crime (type 4), the defendant has been punished on 13 occasions due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, but the execution of the final sentence has not been completed, and it