A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] The defendant was sentenced to six months of imprisonment for night intrusion larceny at the Seoul Southern District Court on December 29, 2006; on March 26, 2008, the Seoul Southern District Court sentenced six months of imprisonment for larceny; on February 5, 2009, the Seoul Southern District Court sentenced six months of imprisonment for night intrusion larceny; on September 30, 2009, the defendant was sentenced to eight months of imprisonment for night intrusion larceny at the Seoul Southern District Court on September 30, 201; on June 23, 2011, the Seoul Southern District Court sentenced the Seoul Southern District Court to six months of imprisonment for night intrusion larceny; on December 12, 2013, the Seoul Southern District Court sentenced the Seoul Southern District Court to six months of imprisonment for night intrusion larceny at the Seoul Southern District Court on June 23, 201; on December 12, 2013, the Seoul Southern District Court terminated the imprisonment with prison labor from the Seoul Southern Southern District Court on February 16, 2016.

【Criminal Facts】

On November 2, 2015, the Defendant: (a) had been living in a old-age, and had weak ability to discern things or make decisions due to mental retardation around 23:30 on November 2, 2015; (b) had been placed in front of the Victim D’s house located in Yeongdeungpo-gu Seoul Metropolitan Government; (c) had invaded into a 1st floor door that was not locked to steal property; (d) had been immediately discovered to the victim and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Previous records: Criminal history records and other inquiries, investigation reports, attachment of repeated crimes, judgment, application of Acts and subordinate statutes to the status of personal identification and confinement;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act, and the choice of limited imprisonment for a crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation], habitual theft.