A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

On November 9, 2012, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on three years and six months, and completed the execution of the sentence at Anyang Prison on September 1, 2015.

On May 21, 2016, at around 20:00, the Defendant: (a) opened a house window and intruded up to the inner bank at the victim D’s house located in Seocho-gu Seoul Metropolitan Government; (b) opened a house window, and cut off the house, one gold-frame (500,000,000 won in total) at the market price of the said victim’s ownership; (c) two gold-frames of 14K, two gold-frames of 14K; (d) two gold-frames of 2, 14K; and (e) one gold-frames of knick.

Summary of Evidence

1. E statements;

1. A report on the results of field identification;

1. Criminal scene and intrusion photographs;

1. Photographs of each suspect and moving;

1. Requests for genetic testing;

1. As to the response to the request for appraisal, a gene appraisal report, and the results of inquiry about the DNA personal information of the detained suspect;

1. Before the judgment: Criminal history inquiry, investigation report (the list and judgment of the case related to the suspect) [the defendant denies the crime, as acknowledged by evidence] (the defendant denies the crime, but the defendant's statement was found to have been changed in the investigation process, and the defendant's DNA was found to have been obtained through the window outside the entrance, without going through the entrance, by the victim's house at the time of the case, and the DNA discovered outside the window gate and the window gate was confirmed to have been the defendant. The location where the defendant's DNA was collected was not only the direct way of the crime of this case, but also the location where the defendant's DNA was found to have been difficult to find the DNA except for the purpose of the crime of this case. ③ The defendant made a defense that he could not obtain for the reasons discovered in the above place, and the statement continued to have been changed in the investigation process, ④ The defendant's DNA was partially discovered from the sample taken within the house, but it cannot be readily concluded to have been another male victim's family member or other male victim (the victim).