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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On April 18, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and six months, and on July 4, 2014, with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Seoul Eastern District Court's Branch, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the wooden Branch's branch court of the Gwangju District Court, and on May 13, 2016, the Defendant completed the execution of the final sentence on November 7, 2016.
On December 2, 2016, at around 01:50 on December 2, 2016, the Defendant came to open without the entrance of the said D cafeteria, and intruded into the said D cafeteria, and carried out one set of smuggling 1,00 won at the market price of 200,000, the victim E-owned at the front of the said D cafeteria, and from that time until December 23:00, 2016, the Defendant did not discover any property worth KRW 1,019,50 in total, but did not discover any property worth KRW 1,00,00.
Accordingly, the defendant habitually intruded the victim's dwelling house and structure at night, which the victims received, and attempted to steals the victims' property or stolen their property.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of E, F, G, H, I, J, K, and L;
1. Each report on the occurrence of each event, each report on internal investigation, a report on the results of field identification, each protocol of seizure and the list of seizure;
1. Photographs of each seized article;
1. A previous conviction: A reply to inquiry, such as criminal history, investigation report (a repeated crime and the same kind of force);
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;
1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 330 and 342 of the Criminal Act concerning the crime (including inclusive) of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes;
1. Article 35 of the Criminal Act for aggravated repeated crimes.