A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

[Criminal record] On October 7, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for larceny of intrusiond buildings at night at Seoul Southern District Court, and completed the execution of the sentence in Seoul Southern Southern District Court on December 28, 2015.

[Criminal facts]

1. On May 1, 2017, the Defendant attempted to commit larceny, without calculating the following: (a) on the store operated by the victim C of the victim C in Geumcheon-gu Seoul Metropolitan Government, around 17:20 on May 1, 201, the Defendant was placed in the store operated by the victim C of the victim C, and was displayed there, and attempted to steal the victim by flying out of the market price of KRW 7,00,000, which was the victim’s possession; and (b) did so.

2. The Defendant damaged the property at the time, place, and place indicated in paragraph (1) and then returned the victim’s protruding ray, and then re-entering the store into the store, and caused the Maalking so that the Maalking, which had been in the place, can go far away, thereby damaging the property equivalent to KRW 150,000 at the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Photographs of damaged articles;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the same criminal history as the suspect), and text of judgment [the case of larceny of intrusion on night buildings at the Seoul Southern District Court 2015 High Court 2507 High Court Decision] shall be made;

1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 329 of the Criminal Act (the point of attempted larceny, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general standard (the scope of the recommended punishment] and the basic area (from April to October) [no person subject to special sentencing] [the above property damage] are concurrent crimes with the attempted larceny to which the sentencing criteria do not apply and the former part of Article 37 of the Criminal Act. Thus, the above property damage crime for which the sentencing criteria are set is set refers only to the lower limit of the sentencing range recommended according to the sentencing criteria.

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