A defendant shall be punished by imprisonment for two years.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

On April 26, 2012, the Defendant was sentenced to one year and eight months of imprisonment for special larceny, etc. at the Daegu District Court. On January 12, 2015, the Defendant was sentenced to two years and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) in the Daegu District Court Port Branch of the Daegu District Court on January 12, 2015. On June 29, 2018, the Defendant was sentenced to one year and six months of imprisonment for habitual larceny, etc. at the Daegu District Court on May 23, 2019.

At around 13:30 on January 1, 2020, the Defendant: (a) divided the first class of the victim D in C at the time of residence; (b) confirmed the front class of the abandoned house; (c) entered the end of the said residence beyond the wall; and (d) opened a window by inserting and sucking the date dracker, which was prepared in advance, with a dracking the said dracker; and (d) intrudes with precious metal, such as cash amounting to KRW 640,00 and KRW 1.6 million in the market price of the victim’s cash owned by the victim and KRW 1.6 million in the said dracked with precious metal, such as 18.18, 2019 to January 14, 2020 with a total amount of 18,785,000 won in cash and precious metals over ten times in the victim’s residence, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement in E, F, D, G, H, I, J, K, L, M and B;

1. A report on a photograph, on-site identification report, on-site file report, or on the occurrence of a case of intrusion upon residence after CCTV closure;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the same criminal records and facts during the period of repeated crimes);

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act comprehensively include the relevant criminal facts, and Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes is reasonable to view it as a special provision under Article 35(2) of the Criminal Act in light of the newly inserted phrase of aggravated punishment, the prevention of double evaluation, and the need for constitutional interpretation.