A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On June 25, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Cheongju District Court, and completed the execution of the sentence on December 24, 2015.

On July 2, 2016, at around 00:09, the Defendant: (a) entered the “D” store operated by the Victim C (Y, 54 years of age) located in Heung-gu, Chungcheongnam-gu; (b) opened a mash door through the heat gate located adjacent to the store; and (c) intruded into the store with a 4.50,00 won of the market price, which was owned by the victim, and stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. C’s statement;

1. Protocols of seizure, list of seizure and photographs thereof (related to seizure);

1. Each photograph description, investigation report (the defendant's specific circumstances), on-site CCTV CDs;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of repeated crimes) statute;

1. Article 330 of the Criminal Act concerning the crime;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : (a) the mitigated area (4 to 10 months) of category 2 (general larceny) (special mitigation) (special mitigation) where intrusion upon a place other than an indoor residential space, (4) the punishment is not permissible; (b) the same type of repeated crime not falling under the aggravation of specific crimes (decision of sentence] below the defendant's age, occupation, sex behavior, family relationship, circumstances before and after the crime, etc.; and (c) the punishment as ordered is determined by comprehensively taking account of the following circumstances and other conditions of the sentencing as shown in the records, such as the defendant's age, occupation, sex, family relation, and circumstances

The favorable circumstances - mistake is divided.

- In agreement with the injured party, the injured party does not want to punish the accused.

The crime of this case was committed during the period of repeated crime.