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

Punishment of the crime

【Criminal Power】 On August 22, 2013, the Defendant sentenced four months to imprisonment for a violation of the Road Traffic Act at the Suwon District Court, and completed the execution of the sentence at the Suwon Detention House on September 24, 2013.

【Criminal Facts】

1. On January 9, 2015, at night, the Defendant: (a) around 01:26, 201: (b) was placed in the E cafeteria located in Pyeongtaek-si D operated by the Defendant who was working as the delivery source by the victim C; (c) had a password, which the Defendant became aware of in advance, to the victim’s possession of the metal safe, intruded into the restaurant, and opened windows in the female toilet; and (d) had a 500,000 won in cash located therein, after the Defendant revoked the locking device.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

2. On January 9, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. and damage, etc. to property) destroyed the repair cost to the extent that the repair cost is KRW 600,000, by re-infusing a net value, which is a dangerous object among the aforementioned cafeterias, in order to eliminate evidence for the crime.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement to C by the police;

1. On-site photographs;

1. Previous records of judgment: Criminal records, investigation reports (verification of a repeated offender), personal identification records, application of a copy of judgment, and applicable Acts and subordinate statutes;

1. Article 330 of the Criminal Act related to the crime, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.