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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On May 27, 2014, the Defendant: (a) around 05:02, at night, was in front of the “E” restaurant operated by the victim D (the 56-year-old) in Gwangju-si; (b) the Defendant opened a closed door; and (c) entered the said restaurant; and (d) KRW 50,000 in cash located on the air conditioning the said restaurant; (c) KRW 8,000 in bank account; (d) one cellular phone; (d) two credit cards; and (e) two seals; and (e) one bank owned by the victim and 45,000 in cash located therein.
Accordingly, the defendant invadedd a structure at night and stolen the victim's property.
2. Larceny;
A. On May 30, 2014, the Defendant: (a) committed larceny on May 30, 2014; (b) on the front road of the dead forest community credit cooperative located in the bamboo safri, if any, around 12:10 on May 30, 2014; and (c) discovered and drive a G-learning car in the amount of KRW 13 million owned by the victim F, who was stopped without driving the car.
B. On June 4, 2014, the Defendant: (a) around 01:50 on June 4, 2014, on the road in front of “I”; (b) was parked on the road located in H at the time of influence; (c) discovered the said cargo vehicle owned by the VictimJ; (d) opened a door of the said cargo vehicle not corrected; and (e) cut off the said cargo vehicle into the road in excess of KRW 10,000,000.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to J police officers;
1. Application of each statute of the D and F
1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act in relation to criminal facts, the choice of punishment (the points of larceny at night) and Article 329 of the Criminal Act;
1. From among concurrent crimes, there are favorable circumstances such as the fact that the defendant is against the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and that some of the damaged vehicles and the damaged money and valuables have been returned to the victims. However, the punishment shall be imposed in consideration of the fact that the risk of recidivism is considerably high because the injured vehicle and the damaged money and valuables are living alone away from their families without any specific occupation and residence, and that no agreement has been reached with the victims.