A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On August 8, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. in the Gangnam Branch Branch of the Chuncheon District Court on February 7, 2018.

On January 19, 2019, at around 03:55, the Defendant got in front of the “D” restaurant operated by the victim C in Seo-gu Incheon, Seo-gu, Incheon, for the victim, after completing the restaurant business, and then released the windows by gathering the fluor’s disease in the vicinity of the above restaurant by gathering the fluor’s disease outside the restaurant, and then removed approximately KRW 50,000 in cash owned by the victim and kept the cluor in cash.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The photograph, record of seizure and the list of seizure of seized articles;

1. On-site photographs, reports on the results of field identification, internal investigation reports (CCTV), field photographs, and CCTV photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (recognating repeated crimes, confirmations, and attachment of related data), judgment, and application of Acts and subordinate statutes to the status

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 Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reduction element of the larceny [Class 4] Intrusion upon general property (special scams) (special scams): In cases of intrusion upon places other than indoor residential space, the increased element of the punishment is to be increased: In cases of carrying a deadly weapon, or intrusion upon a building at night, causing death or intrusion upon a building at night, causing intrusion, etc., which does not fall under specific crime Aggravated Punishment: Reduction area of the punishment; imprisonment with prison labor for eight months to one year;

2. The fact that there are many punishments for the same type of punishment, and the fact that the crime is committed during the period of repeated crime is disadvantageous to the defendant, or the victim does not want the punishment, and the amount of damage is relatively small.