[criminal power] On April 13, 2004, the Defendant sentenced one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Ulsan District Court on April 9, 2007, and one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Ulsan District Court on April 9, 2007, and three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Ulsan District Court on September 8, 2009, and eight months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Ulsan District on July 4, 2013, and completed the execution of

【Criminal Facts】

On October 2, 2014, at around 14:30, the Defendant opened the entrance through the gate opened at the house of the victim D located in Ulsan-gu, Ulsan-gu, and intruded into the living room, and did not have the intention to escape from the wind, which was discovered by the victim, while displaying money and other valuables to be stolen, while destroying clothes, etc. owned by the victim, which were located in that place.

Accordingly, the Defendant infringed upon the victim’s residence, and attempted to steal the victim’s property, but did not bring about such intent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each protocol of seizure and the list of seizure;

1. Previous records of judgment: Criminal records, results of inspection of prisoners, results of investigation reports (Attachment of a copy of judgment), four copies of judgment, copies of summary order, and application of Acts and subordinate statutes of one copy of summary order;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 342, and 319 (1) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. As to the assertion of the Defendant and his defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the Defendant and the defense counsel asserted to the effect that the Defendant was in a state of mental disability by means of larceny, which is a military register of female clothes at the time of the instant crime.