A defendant shall be punished by imprisonment for not less than four years and six months.

Punishment of the crime

On October 10, 2003, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court. On November 17, 2006, the above court was sentenced to two years of imprisonment for the same crime. On February 18, 2009, the above court was sentenced to three years of imprisonment for the same crime and completed the execution of the sentence on January 7, 2012, and the same criminal records were more than three times.

On May 5, 2013, at around 21:00, the Defendant: (a) was unable to have the first floor of the victim, who was in the first floor of the victim D in Gwangju Northern-gu, sealed the 2nd floor by hand with a view to damaging the exhaustive screen, and then sealed the object to be stolen by intrusion into the said house, and then did not have the intent with the wind to hear and steal the sound.

Accordingly, the defendant habitually destroyed a part of a structure and invadedd the residence of the victim, thereby intending to steals money and valuables.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, D, F, and G;

1. A report on investigation (in the form of photographing the case scene);

1. Previous convictions indicated in the judgment: Criminal history records, references (A), the status of personal identification and confinement, investigation reports (a copy of the judgment shall be attached);

1. Habituality of the judgment: Considering the fact that the defendant has committed the instant crime because he was sentenced to punishment for each of the crimes, the method of crime and the same kind of crime as indicated in the judgment and for whom the execution of the sentence has not yet been completed, it may be recognized that the Defendant has a habit of larceny;

Application of Statutes

1. Article 5-4 (1) and (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 331 (1) and 342 of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of recommendations according to the sentencing guidelines [decision of types] thief crimes, habitual and repeated offenses, first category (ordinary and repeated offenses) (the scope of recommendations), the basic area of punishment, three years to imprisonment.