A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[criminal history] On October 23, 2003, the Defendant was sentenced to ten months of imprisonment with prison labor due to intrusion upon residence at night, larceny, etc., and on March 17, 2005, the Defendant was sentenced to ten months of imprisonment with prison labor at the Daejeon District Court for the attempted larceny of intrusion upon structure at night. On October 4, 2007, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the commission of larceny, etc. from the Hongsung Branch Branch of the Daejeon District Court. On September 30, 2010, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Seosan Branch Branch of the Daejeon District Court on September 30, 201 and completed the execution of the sentence at the Daejeon District Court on February 26, 2015.

[2] Defendant 1, who was sentenced to imprisonment not less than three times due to larceny, etc., committed a theft, etc. on September 8, 2017 from around 01:17 to around 03:00 on the same day, Defendant 2: (a) intruded from “E” operated by the victim D, who was in Hongsung-gun, by its windows, to the inside of the said place; and (b) committed a theft with 340,000 won in cash, the victim’s possession, and 360,000 won in market value adjacent to the visit.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs, fingerprints assessment results, and fingerprints A;

1. Previous conviction: Inquiry about criminal history, investigation report (Evidence No. 24), personal confinement status, and application of the text of the judgment;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. In full view of the circumstances below the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and all the conditions of sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the punishment as ordered shall be determined.

The defendant committed the crime of this case during the period of repeated crime due to the same crime as that of the victim and the agreement with the victim.