A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[2] On August 19, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on the Aggravated Punishment, etc. of Specific Crimes; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seog District Court on March 21, 2014; and six months from the Daegu District Court on November 19, 2015; imprisonment with prison labor for a habitual larceny at the Daegu District Court on August 11, 2016; and imprisonment with prison labor for a night intrusion larceny at the Daegu District Court on December 14, 2017; and completed the execution of the sentence at the Daegu District Court on December 14, 2017.

[Criminal facts] On October 30, 2018, around 12:00, the Defendant: (a) opened a corrected entrance and intruded into the victim D’s residence on the second floor of the window C building of Changwon-si; and (b) discovered and escaped from the victim while printing stolen objects in the ward.

As a result, the defendant intrudes upon another person's residence, who has been sentenced to imprisonment not less than three times due to larceny, etc., and attempted to steals another's property within three years after the execution of the final sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. Previous convictions: Inquiries about criminal history, application of each investigation report (the attachment of the latest previous criminal records and written judgments, and confirmation of the criminal records of the suspect A);

1. Relevant Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act, and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment) concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

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

1. The basic area (one year to six months) of the sentencing criteria [the scope of recommended punishment] and the basic area (one year to three years from imprisonment) of the larceny under the Specific Crimes Aggravated Punishment Act;

2. Sentence;