A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On August 25, 2010, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court. On February 16, 2012, the Seoul Central District Court sentenced nine months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny). On April 11, 2014, the Seoul Central District Court sentenced three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court. On October 11, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On April 7,

【Criminal Facts】

On March 29, 2020, the Defendant, at around 02:20 on March 29, 2020, invaded into a second floor living room in Guro-gu Seoul Metropolitan Government with a view to causing a theft, and obstructed the Defendant’s attempt to commit a crime, even if he was aware of the wind of the victim, who was diving at the inside and outside of the room.

As a result, the Defendant was sentenced to imprisonment more than three times due to larceny, etc., and attempted to steal the victim's property by intrusioning the victim's residence at night during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. 112. List of reported cases;

1. On-site photographs;

1. Previous records: Criminal records, inquiry reports, investigation reports (verification of suspect's previous records and identity), judgment, and application of Acts and subordinate statutes to the status of confinement of individuals;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act concerning the crime committed;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation: although the defendant had been sentenced to imprisonment for the same kind of crime, such as night-time larceny, loss by room, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the defendant committed the same crime during the period of repeated crime even though he had been sentenced nine times or more.

The favorable circumstances: The defendant recognized all the crimes of this case, and reflects them.

The commission of a crime was discovered.