A defendant shall be punished by imprisonment for not less than three months.

Criminal facts

On November 24, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny for 2 years in the Gwangju District Court’s order, for 2 months in the suspension of the execution of imprisonment with prison labor for 8 months in the same court on March 30, 2017, for 1 year in the suspension of the execution of imprisonment with prison labor for larceny for 2 months in the same court on May 31, 2018 and 2 months in the same court on July 19, 2018 and completed the execution of the sentence on June 8, 2019. On May 12, 2020, the same court was sentenced to imprisonment with prison labor for 5 months in the same court on July 10, 2020.

On July 6, 2020, at around 20:06, the Defendant entered the 'D original studio’ in which the victim C is residing at Famb, and cut off the 100,000 won at the market price of the second floor of the studio, which was in the second floor of the studio, and 30,000 won at the market price of the studio studio.

Summary of Evidence

1. A written statement of the defendant C in court;

1. Records of seizure, list of seizure, list of seized objects, list of cases of 112 reported objects, report on internal investigation (on-site verification, etc.), report on internal investigation ( analysis of CCTV image data around the site and internal investigation of the suspect's appearance of the suspect), report on internal investigation (Attachment to a list of logs in the area and change of the name of the crime);

1. Previous convictions as stated in the judgment: Criminal history records, investigation reports (Attachment of criminal records, etc. of the same kind A) - Each judgment, personal confinement status, investigation reports (see Supreme Court Decision 2020Do6603, Jul. 10, 2020) - Application of the Act and subordinate statutes of Na case search and output

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

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

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes have a record of criminal punishment several times for the same crime. In particular, the fact that the defendant again committed the crime of this case is very negative even though he/she is a repeated crime of the same crime, such as the written judgment.

However, the damaged goods have been returned to the victim, the value of the damaged goods has not been relatively significant, and the victim want to punish the defendant.