A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On June 27, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at Seoul Western District Court on September 5, 2013, and one year of imprisonment with prison labor for night intrusion larceny, etc. at Seoul Western District Court on December 19, 2014; on August 25, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on December 19, 2014; on August 25, 2016, the Defendant was sentenced to imprisonment with prison labor for a total of eight times, including night intrusion larceny, etc.

[2] On December 17, 2016, at around 02:10 on December 17, 2016, the Defendant: (a) opened a door door in which the victim had a mind to steal the property owned by another victim; and (b) opened the door door in which the victim had a mind to commit a theft of the property owned by another victim; and (c) did not commit an attempted crime because the victim was aware of the wind, when the victim was found to have invaded upon the door and discovered the stolen property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. On-site photographs;

1. Previous conviction: He asserts that a reply to inquiry, such as criminal history, investigation report (report attached to the same type of crime, etc.), personal confinement status [the defendant and his defense counsel are only entering the victim's house to record his body at the time of the instant case, and they do not intentionally enter the victim's house.

According to the evidence in the holding, it is sufficiently recognized that the defendant enters the victim's house for the purpose of theft of property. Night residence larceny starts at night at the stage of intrusion into another's house for the purpose of theft of property. Thus, the defendant's violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) is established as stated in the facts constituting a crime against the defendant.

Therefore, the above assertion by the defendant and his defense counsel is not accepted.