A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence1 to 3 shall be confiscated.

Punishment of the crime

On April 25, 2014, the Defendant was sentenced to imprisonment with prison labor for night building intrusion larceny at Seoul Eastern District Court for ten months and completed the execution of the sentence on December 6, 2014 at Seongdong-gu District Court.

The defendant cut the boiler pipes, etc. in an apartment that is scheduled to be removed due to insufficient living expenses, and stolen them.

On April 21, 2015, at around 01:23, the Defendant invadedd D apartment 926 in the state of directors due to the scheduled removal of the victim C and cut off 43 boiler pipes owned by the victim and cut off them to the victim’s 43.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Police seizure records;

1. On-site photographs;

1. Previous convictions: Application of Acts and subordinate statutes to report criminal investigations (verification of repeated power);

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] : (a) the mitigated area (in August to January 6) of category 4 (Special Mitigation) (Special Mitigation) for general property; (b) intrusion upon a place other than an indoor residential space (type 4); (c) the same repeated crime of the same kind (decision of sentence ] which does not fall under the category 4), has the record of having been sentenced three times as the defendant committed the larceny; and (d) the defendant committed the larceny crime of this case only four months after having been released from the prison due to the larceny. In light of the fact that the defendant committed the larceny crime of this case, it is inevitable to sentence the defendant as to the defendant.

On the other hand, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined within the scope of the recommended punishment in consideration of the fact that the defendant recognized the crime, reflects the fact that the damaged goods were returned and the victim did not want the punishment.