A defendant shall be punished by imprisonment for one year.

Seized evidence 1 through 5 shall be confiscated from the defendant.

Punishment of the crime

On August 24, 2016, the Defendant was sentenced to three years of imprisonment with prison labor for special larceny, etc. at the Incheon District Court, and was released on October 26, 2018 from the Ganbuk Vocational Training Prison on the parole on October 26, 2018 and the parole period expired on January 31, 2019.

On October 6, 2019, at around 03:28, the Defendant came back to the “A” operated by the victim C in Gangseo-gu Seoul Metropolitan Government, and entered the lock door with several times, and carried out as a knick door, and thereafter, the Defendant carried approximately KRW 200,000 in cash, which is owned by the victim in a dnick box of wooden material.

Accordingly, the defendant stolen the property of the victim by damaging the door, the wall, and a part of the structure at night, and by impairing the structure.

Summary of Evidence

1. Defendant's legal statement;

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

1. C’s statement;

1. The police seizure record and the list of seizure;

1. A report on the results of field identification;

1. All on-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification reports on repeated crimes, etc. of the same kind to the accused), application of statutes of the judgment;

1. Relevant legal provisions concerning criminal facts, Articles 331(1) and 330 of the Criminal Act that choose a penalty, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment] the mitigated area (8 to 1.6 months) of the mitigation area (special mitigation) of general property / Livelihood type / The same repeated crime (decision of sentence] of the same kind of crime, which does not fall under the specific crime aggravation (a repeated crime) / The repeated crime of the same type of crime is serving a sentence for the same crime, repeating the repeated crime during the repeated crime period, destroying a part of the structure at night, and intrudes upon it at night, and is disadvantageous to the defendant.

However, there seems to be an attitude of recognizing and opposing the defendant's wrong, and the crime of this case itself was committed once, and it is difficult to see that the amount of damage itself is large, and economic difficulties are difficult.