Text
A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[Criminal Power] On January 30, 2015, 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 Seoul Northern District Court on January 30, 2015 and completed the execution of the sentence at Seongdong-gu District Court on June 6, 2016.
【Criminal Facts】
Around 11:00 to 13:00 on August 26, 2016, the Defendant was in the residence of the victim D located in Dobong-gu Seoul Metropolitan Government, and the Defendant kept a door to check whether there is a person in question. Then, by examining the surrounding areas of the victim, the Defendant discovered the keys contained in the front of the front door of the front door, by using the said keys, invaded the victim’s residence, and then, by using the said keys, went into the victim’s residence, 180,000 won in cash owned by the victim located in the front of the front door of the front door, and then invaded the victim’s residence at least eight times in total from September 26, 2016, as indicated in the list of crimes committed in the attached Table, and attempted to steals or steals the property.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning D, E, F, G, and H;
1. Each statement of I, J and K;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of crimes within the period of repeated crimes), application of Acts and subordinate statutes to criminal investigation reports (Attachment and confirmation of details of judgments of the same kind as a suspect);
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. From among concurrent crimes, crimes falling under the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the reasons of sentencing are crimes of Type 1 [Scope of Recommendation] [Article 4] for the mitigated area (Article 8(1)2, and Article 50 of the Criminal Act for general property] (Article 8(1)4 (Special Mitigation) (Article 8-1 and 6) for the mitigated area (Article 8-1 of the Criminal Act) (Article 4) for the larceny area (Article 2) for the same repeated crime which does not fall under a special mitigation area] / The mitigated area (Article 4) for the larceny area (Article 37 to 1 year and 6) for general property (Article 38(1).