[Criminal Justice] On January 10, 2019, the Defendant was sentenced to eight months in prison at the Cheongju District Court for the crime of larceny at night, etc., and completed the execution of the sentence at the Cheongju District Court on June 3, 2019. On April 29, 2020, the Defendant appealed one year after being sentenced to imprisonment with prison labor at the Jeonju District Court for the crime of larceny at night, and is still pending in the appellate trial.

【Criminal Facts】

On January 7, 2020, at around 02:40, the Defendant was in the Victim C’s house located in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do, and was in the process of opening a gate that has not been corrected, and impairing a stolen object through the entrance, and then infusing a stolen object, the Defendant did not commit an attempted act by hearing the sound referred to as “Influence” from the lock to the outside of the house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a house;

1. On-site photographs, CCTV photographs, and CCTV image data;

1. Previous records of judgment: Criminal records, investigation reports (Attachment to repeated crimes and criminal records of the same kind), personal confinement status, three copies of judgment, three copies of investigation reports (Attachment to the judgment of the court of first instance during the duration of the appellate trial), and other Acts and subordinate statutes;

1. Articles 342 and 330 of the Criminal Act applicable to the crimes;

1. Article 35 of the Criminal Act provides that the defendant's reason for sentencing of repeated crime is favorable to the defendant.

However, it has already been punished several times due to the same crime, including imprisonment, and even if, during the period of repeated crime, the crime of this case was re-offendered, and all of the sentencing factors in the trial process of this case, such as the defendant's age, character and conduct, environment, motive, circumstance, means and consequence of the crime, etc., shall be determined as ordered by taking into account the following factors.