A defendant shall be punished by imprisonment for one year.

No. 1 (Carryingphones) of seized evidence shall be returned to the victim.

Punishment of the crime

[2] On July 15, 2009, the Defendant was sentenced to imprisonment with prison labor for larceny and two months in the same court on July 15, 2009; on August 4, 2010, the Defendant was sentenced to imprisonment with prison labor for the following: (a) four months; (b) one year and six months; (c) one year and six months; (d) one year and six months; and (e) two months; and (d) two months; and (e) on February 1, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the same court on April 27, 2014, with prison labor for the purpose of larceny, etc. at night; and (e) the execution of the sentence was terminated in the horizontal housing site in Suwon District of Suwon District on April 27, 2014.

[2] On December 4, 2016, at around 09:30 on December 4, 2016, the Defendant: (a) discovered one cell phone of the amount of KRW 100,00, which is the market value of the victim located on the floor of Pyeongtaek-si; and (b) discovered one cell phone of KRW 100,000, which is the market value of the victim located on the floor in the physical field, by viewing that the Defendant was aware of the fact that the Defendant was living in the above house and confirmed that the Defendant did not have any contact inside the house; and (c) intruded the victim’s room, and opened a cremation room.

Therefore, even though the defendant was sentenced to imprisonment more than three times due to larceny, he again commits larceny during the repeated crime period, and intrudes on the victim's residence to this end.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of D;

1. Records and photographs of seized articles;

1. Previous convictions: Inquiries about criminal history, current status of personal confinements and application of Acts and subordinate statutes (Attachment to judgment on criminal records, etc.);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 319 (1) of the Criminal Act concerning the crime (or choice of imprisonment with labor);

1. Article 35 of the Criminal Act against an aggravated repeated crime (crime of intrusion upon residence);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reasons for sentencing of Article 333(1) of the Return Criminal Procedure Act shall be the sentencing criteria.