A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[criminal history] On October 19, 2016, the Defendant was sentenced to one year to a suspended sentence of imprisonment with prison labor for four months at night, for larceny of intrusion on a structure at night at the District Court, and on June 7, 2017, under the grace period, the Defendant was sentenced to one year by imprisonment with prison labor for intrusion on a structure at night at the Jeonju District Court and the said judgment became final and conclusive on June 26, 2017, and the suspended sentence became void.

On June 7, 2017, the Jeonju District Court sentenced one year and two months to imprisonment with prison labor for night buildings, larceny, etc., and sentenced one year and six months to imprisonment with prison labor for night buildings, larceny, etc. at the Jungju District Court on February 15, 2019 and completed the execution of the above punishment on July 4, 2020.

[Criminal facts]

1. From November 22, 2020 to around 03:00 on November 22, 2020, the Defendant: (a) opened a main window and entered a depository, with cash of KRW 40,000, the Defendant stolen the victim’s property.

2. On November 24, 2020, the Defendant: (a) around 01:16 on November 24, 2020, the victim E was behind the “G” restaurant operated by the victim E, located in Daejeon-gu Daejeon-gu, Daejeon-gu; (b) removed the windows, and then, (c) removed the windows into the safe, and then stolen the victim’s property with 12, gas burners, one butane gas, and one butane gas.

As above, the Defendant, who was sentenced to imprisonment not less than three times with prison labor due to theft of intrusion upon a structure at night, has intruded the structure managed by another person at night within three years after the execution of the sentence is completed, and stolen the property.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each statement;

1. Police seizure records;

1. Image images of crime CCTV;

1. Records of judgment: References to inquiries, such as criminal history, reports on investigation (Attachment to relevant judgments, etc.), application of Acts and subordinate statutes to investigation reports (verification of invalidation of suspended execution);

1. Article 5-4 (5) 1 and 5-4 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act.