A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[Criminal Power] On January 23, 2015, the Defendant was sentenced to three months of imprisonment with prison labor and three years of imprisonment with prison labor for special robbery in the Daegu District Court, and on December 22, 2017, the Defendant completed the execution of the sentence in the Busan Correctional Institution.

【Criminal Facts】

At around 03:00 on April 5, 2019, the Defendant: (a) opened a entrance by inserting the upper door in the entrance entrance at the “D” store operated by the victim C, the first floor of the Ulsan-gu building B; and (b) opened the entrance by pressing the automatic door door, and intruded into the entrance, and stolen the cash box in the amount of KRW 100,000,000,000, which is the market price of the victim’s ownership installed in the camera, and 400,000,000,000,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on occurrence of a crime, report on internal investigation, and report on investigation;

1. Each photograph (Evidence Nos. 13 to 15, No. 7, 9, 12)

1. Previous records: Criminal records, investigation reports (reports on criminal records and attachment of repeated crimes, etc. of suspects), copies of written judgments, and application of Acts and subordinate statutes concerning personal confinement;

1. Article 330 of the Criminal Act applicable to the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment by law: One month to twenty years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types] for larceny [Type 4] for general property] intrusion larceny [Special Aggravation] for a crime of aggravation of livelihood: Reduction area of the same type of repeated crime (recommended area and recommendation range] that does not fall under the aggravation of specific crimes (Cumulative crime): Reduction area of mitigation area of punishment and imprisonment between August and June;

3. Determination of sentence: The instant crime committed by the Defendant: (a) opened a door at the night to use the gate; and (b) intrudes into the store operated by the victim; and (c) embling and theft of the spawn money with cash equivalent to KRW 400,000,000, installed in the knter; (b) the crime was committed in an intelligent and intelligent planned manner; and (c) the nature and circumstances of the crime were poor in light of the circumstances at the time of the crime; and (d) damage caused by the instant crime.