A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On April 6, 2007, the Defendant sentenced 1 year and 6 months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Southern District Court on August 6, 2008, and 1 year and 6 months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Gwangju District Court on August 6, 2008, and 3 years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Jeonju District Court on December 10, 2010, and 10 months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Northern District Court on August 28, 2015, and completed the execution of the sentence at the prison on January 19, 202.

【Criminal Facts】

On February 18, 2020, at around 01:25, the Defendant was living in the residence of the victim C in the Southern-gu Gwangju-gu, Gwangju-gu, and attempted to steal the property from the second floor through stairs. However, while being on the stairs, the Defendant was unaware of the victim and did not commit an attempted crime.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to larceny, was trying to steal the property of the victim again during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records, sentence of a suspect, attachment of written judgments, and period of repeated crimes);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime and the fact that the same kind of crime has been committed systematically and systematically several times;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act concerning the crime committed;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (a majority of the criminal records sentenced to the same kind of crime), the criminal records of the defendant (a majority of the criminal records sentenced to the same kind of crime), the nature and risk of the instant crime, and the crime.