[Criminal Justice] On May 30, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Ulsan District Court on May 30, 2018 and completed the execution of the sentence in the port prison on January 10, 2019.

【Criminal Facts】

On July 5, 2019, at around 09:14, the Defendant was living in Ulsan-gu B, Ulsan-gu, and opened a gate and opened a gate and intruded into the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each photograph, CCTV suspect's face photograph, investigation report (to listen to the statement of a reference C phone), criminal records, etc., inquiry report, investigation report, and application of the statutes of Part VIII of the judgment;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act selecting a penalty;

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 35 of the Criminal Act among repeated crimes. The defendant and his defense counsel at the time of the crime of this case asserted that the defendant had a mental disorder, such as depression and sacrificing, and there was a mental disorder

However, comprehensively taking account of the circumstances such as the background and method of the instant crime, and the Defendant’s act before and after the instant crime, it is not deemed that the Defendant had a weak ability to discern things or make decisions due to the mental disorder at the time of the crime.

The defendant and defense counsel shall not be accepted.

The reason for sentencing [the statutory penalty of this case: imprisonment with prison labor for not more than three years, and fine not exceeding five million won] is the defendant led to the crime of this case. However, even though the defendant was 6 times or more of the suspension of the execution of imprisonment with prison labor for the same crime, 4 times more than the suspension of the execution of imprisonment with prison labor for the same crime, 6 months more than the six months after the release, it is inevitable to sentence the crime of this case.

In addition, the punishment shall be determined as ordered in consideration of various sentencing factors, such as the defendant's age, environment, means and result of the crime, and circumstances after the crime.