On May 28, 2004, the Defendant was sentenced to imprisonment with prison labor for 6 months at night in the Suwon District Court with prison labor for larceny, etc. on September 14, 2005; imprisonment with prison labor for 1 year in the same court; imprisonment with prison labor for larceny, etc. on July 14, 2009; and imprisonment with prison labor for 1 year in the same court on May 16, 2013; and one year in the same court on May 7, 2013 with prison labor for night intrusion and larceny, etc. on October 7, 2013.

The Defendant, while under the influence of alcohol, was unable to discern things or make decisions, found that, around 00:30 on May 30, 2014, the victim C’s residence was opened on the first floor of the detached house located in Osan-si D, Osan-si, the victim C’s residence, and entered the house with a mind to steal the property, and that he was aware of the victim’s loss and escaped.

Accordingly, the defendant tried to steals property by intrusion upon the victim's residence at night.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A detailed statement on handling 112 reported cases;

1. Previous records: Criminal records inquiry; suspect interrogation protocol of the accused against the prosecution; application of Acts and subordinate statutes to the number of individuals and confinement status;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act, and the choice of limited imprisonment for a crime;

1. Reasons for sentencing under Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act (person with a mental disability) of the Criminal Act for statutory mitigation [the scope of recommending punishment] types 1 of the punishment for habitual and repeated larceny (general habitual and repeated larceny) (one year and six months to three years) in the mitigation area (one year and six months to three years), and mental and physical disability (the decision of sentencing): Imprisonment with prison labor for one year and six months;