A defendant shall be punished by imprisonment for three years.

Punishment of the crime

[criminal history] On December 17, 2013, the Defendant was sentenced to five years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeonju Branch of the Gwangju High Court, and completed the execution of the sentence at the Jeonju Prison on January 31, 2018.

[2] On August 30, 2018, around 10:25, the Defendant: (a) opened an unlocked kitchen window at the residence of the victim C (n, 72 years of age) in Yongcheon-si B; (b) went into the dwelling room; and (c) opened a small room; and (d) deducted cash amounting to KRW 80,00 in custody in the body of clothes on the part of the victim, which is suffering from his/her clothes; and (d) continued to go through the process while he/she was moving back, the Defendant used the victim again with the aim of evading arrest of the victim and the marina after completing his/her work, and caused the victim to face with the door by inserting him/her by inserting the victim in a small room.

Accordingly, the defendant abused the victim's property and assaulted the victim for the purpose of evading arrest.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. C’s statement;

1. On-site photographs;

1. A report on internal investigation (the analysis of CCTV images around the victim's house on the day of committing a crime), investigation report (the analysis of gas stations near the crime scene, CCTV images of DFs, attachment of photographs to the upper face of the victim C, and the knife found at the scene);

1. Previous convictions: Application of a written inquiry about criminal history, text of judgment, etc., investigation report (verification of criminal history and acceptance of the suspect, confirmation of the date of release of the suspect, and attachment of the same military record to the same criminal records);

1. Relevant legal provisions concerning the facts constituting an offense, Articles 335 and 333 of the Criminal Act (a quasi-Robbery) and Article 319 (1) of the Criminal Act (a point of intrusion upon residence and a choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes (i.e., violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the execution of punishment was completed on January 31, 2018). Therefore, the proviso to Article 42 of the Criminal Act for quasi-Robbery crimes as indicated in the judgment.