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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[criminal power] On August 12, 2015, the Defendant was sentenced to two years of imprisonment for habitual larceny in the Suwon District Court’s Gyeyang Branch, and on November 29, 2017, the Defendant was sentenced to one year and six months of imprisonment for habitual larceny, etc. at the District Court of the Republic of Korea on November 29, 2017 and completed the execution of the sentence in the Ansan Prison on January 22, 2019.
【Criminal Facts】
1. On August 13, 2019, paragraph (5) of the facts charged of intrusion upon residence and larceny. On August 13, 2019, the Defendant: (a) invaded upon the victim’s residence with a back door that was not corrected in the residence of the victim C of the second floor B in Cheongju-si, Cheongju-si on August 13, 2019; and (b) cut off the victim’s residence with 17.50,00 won at the market price owned by the victim on the cremation unit; (c) 1,750,000 won at the market price owned by the victim on the cremation unit; and (d) 336,000 won in cash owned by the victim’s mother-friendly D.
2. On August 13, 2019, the facts charged against the attempted habitual larceny under Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes: (a) in a case where a person who committed a crime of habitual larceny, etc. as prescribed by Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes intrudes upon his/her residence as a means of the crime; (b) the act of intrusion upon his/her residence was incorporated into a crime of habitual larceny, etc.; and (c) the crime of habitual larceny, etc. as prescribed by the said Article does not constitute separate crimes of intrusion upon his/her residence from the crime of habitual larceny, etc.; and (d) in a case where the person who committed the crime of habitual larceny, etc. was living together for the purpose of habitual larceny, and even in a case where he/she was found to have caused habitual larceny, such act does not constitute one crime of habitual larceny, etc. as incorporated into another crime of habitual larceny, etc. as prescribed under the said Article.
On August 13, 2019, the Defendant, on August 14:34, 2019, stolen the property with the knowledge that the victim would lose his house when the victim F was located in the area of the victim F, which is located in the area of Sinju-si E.