A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Punishment of the crime

[Criminal Power] On June 30, 2009, the Defendant was sentenced to one year from the Seoul Western District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On October 12, 2010, the Busan District Court sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On June 26, 2014, the Seoul Southern District Court sentenced the Defendant to four years from imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. The execution of the sentence was completed in the first prison on March 12, 2018.

【Criminal Facts】

On March 11, 2019, at around 16:11, the Defendant infringed upon the Victim Q (68 years of age)’s house in Busan City P, through an open gate which had been held in mind to steal the property, and then stolen the property from the victim’s house. On March 11, 2019, the Defendant took 18K knife and 35,000 won in cash, which was located on the victim’s wall in the inside of the inside of the inside of the inside.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to larceny, stolen the property of the victim during the repeated crime period, and invaded upon the residence of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness Q Q;

1. A protocol concerning the suspect examination of the accused;

1. Reports on internal investigation and reports on investigation;

1. On-site photographs and CCTV photographs;

1. Previous convictions: Criminal records, each investigation report (related to repeated crimes, the same kind of criminal records, etc.), each judgment, and the summary of the argument of the defendant and defense counsel regarding the assertion of the defendant and defense counsel have entered the party through the victim's house, and they have returned to the party without entering the front door.

Since it is prior to the commencement of the act of painting the stolen object, it shall not be deemed that the commission of larceny has commenced, and thus, the verdict of innocence shall be rendered.

Judgment

Comprehensively taking into account the following circumstances admitted by each evidence of the judgment, the defendant's intrusion upon the victim's residence and property as stated in the facts charged.