A defendant shall be punished by imprisonment for one year.

One (No. 8) shall be confiscated for seized co-owned seeds (No. 8).

Punishment of the crime

[Prior convictions constituting repeated crimes under Article 35 of the Criminal Act] On June 16, 2016, the Defendant was sentenced to imprisonment with prison labor at the Seoul Western District Court for fraud, etc., and completed the execution of imprisonment with prison labor on December 26, 2016.

[2] The Defendant, at the night, planned to commit larceny, such as shouldering a glass window with the sidewalk block, having a mobile phone store in order to steal a mobile phone, lending one motor vehicle, carrying the sidewalk block to be used for committing the crime and a stock farm wall, and printing the place for committing the crime with water.

On December 27, 2016, the Defendant: (a) around 03:50 on December 27, 2016, at the time of 03:50, the cell phone store operated by the victim D (E) in south-gu, Nam-gu, Seoul; (b) had nine mobile phones with a total market value of KRW 7,300,000, the market price of the victim-owned premises, which was located in the store display stand, by putting out the block that had been prepared in advance from the vehicle to the store glass wall; and (c) breaking the glass with a shoulder glass wall.

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

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Written statements (D);

1. A protocol of seizure and a list of seizure;

1. The current status of each photograph and each astronomical E inventory cluster room (the previous record constituting a repeated crime under Article 35 of the Criminal Act);

1. Application of replys to inquiries, such as criminal history, investigation reports (formers and attachment of such judgments) and statutes;

1. Article 331 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Reasons for sentencing under Article 48(1)1 (No. 8) of the Criminal Act for forfeiture;

1. The scope of applicable sentences by law: Imprisonment for one year to twenty years; and

2. Scope of the recommended punishment on the sentencing guidelines [Determination of types] : th (Special Sentencing) of the types of larceny in general property (Special Sentencing) / Where the person intrudes into any place other than indoor residential space (Mitigation factors) / Basic area of the same repeated crime of the same kind / [the area of recommendation and the scope of the recommended punishment]: Imprisonment with prison labor for one year to two years.

3. Sentence;