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

Punishment of the crime

On September 11, 2009, the Defendant was sentenced to six months of imprisonment for larceny at the Busan District Court; on September 15, 201, the Seoul Eastern District Court sentenced one year to imprisonment for night buildings, intrusion upon buildings, larceny, etc.; on September 26, 2012, the Defendant was sentenced to one year of imprisonment for night buildings, intrusion upon buildings, larceny, etc. at the Busan District Court and completed the execution of the sentence on June 4, 2013.

On July 5, 2013, the Defendant, around 04:20 on July 5, 2013, tried to intruded the victim D with windows and steals money by opening a calculating unit to the E-cafeteria operated by the victim D, but the victim, who was broken by sound, reported to the police and arrested him.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records, written judgments, and personal identification and confinement status;

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 concerning the crime;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act lies in the following circumstances: (a) the Defendant committed the instant crime with the reason for sentencing under Article 53 and 55(1)3 of the Act on Discretionary Mitigation; (b) the Defendant appears to have high risk of theft by impairing another’s structure at night; (c) the Defendant committed the instant crime with the same content within the period of repeated crime, even though having been punished by larceny, etc.; and (d) the Defendant committed the instant crime favorable to the Defendant, such as

In full view of the aforementioned circumstances, the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other circumstances revealed in the pleadings of the instant case, including the Defendant’s age, character, conduct, career, and environment, the punishment as ordered shall be determined.