A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

[criminal records] On May 19, 2016, the Defendant was sentenced to two months of imprisonment for fraud at the Suwon prison on the grounds of fraud, and the execution of the sentence was terminated on August 15, 2016 at the Daegu prison.

[Criminal facts]

1. On October 18, 2016, from around 05:00 to October 18:00 on October 19, 2016, the Defendant infringed upon the residence of the victims, including the entrance and exit number of the entrance known in advance for the purpose of theft of the property owned by the victims as described in paragraph (2), from around October 19, 2016 to around October 18:0, 2016.

2. The Defendant: (a) opened an entrance at the time and place as described in paragraph (1); (b) opened the entrance, and entered the entrance; and (c) took two clothes, newspapers, etc. with which the market price owned by the victims could not be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. C’s statement;

1. On-site photographs;

1. Investigation report (specific date and time of committing the crime);

1. Records of the judgment: Application of a reply to inquiry, such as criminal history, (A), an investigation report (verification of the acceptance of a suspect), and an investigation report (verification of the period of a repeated crime of a suspect), and statutes;

1. Article 319 (1) of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense (a point of intrusion upon residence) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Infringement upon each residence);

1. Selection of each sentence of imprisonment;

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

1. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with the punishment heavier than that prescribed by larceny) of the Criminal Act;

1. A crime of larceny in the mitigated area (from August to January) (a person who has been specially mitigated) of Class IV (a person who has been specially mitigated) of general property;

2. On May 19, 2016, the Defendant was sentenced to imprisonment for four months with prison labor for larceny in 2012, and was sentenced to a fine of one million won with prison labor for quasi-Fraud in 2014, and two months with prison labor for fraud on May 19, 2016, and was larceny in 2015.