On March 26, 2014, the Defendant was sentenced to imprisonment with prison labor for special robbery, etc. at the Busan High Court, and on May 1, 2016, the Defendant completed the execution of the sentence at the Chungcheong detention center.

On August 22, 2017, around 09:50 on August 22, 2017, the Defendant came to the victim D's office located in Busan Shodong-gu, and intrudes into the room possessed by the victim by opening an open gate, and was not discovered by the victim and did not commit an attempted crime.

Accordingly, the defendant invadeds on the room possessed by the victim, and steals the victim's property, but he did not commit any attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Articles 342 and 329 of the Criminal Act concerning the crime, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor concerning the crime;

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

1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act that the defendant committed the instant crime during the period of the same repeated crime, it is inevitable to impose the defendant a sentence on the defendant.

However, the punishment shall be determined by taking into account the following factors: the nature of the larceny, the fact that the larceny crime is committed against the attempted crime, the circumstances of the crime, etc.