A defendant shall be punished by imprisonment for not less than three years and six months.

Criminal facts

On June 8, 2007, the Defendant was sentenced to imprisonment with prison labor for one year and six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on July 9, 2010, in this court, sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the final sentence on January 29, 2013.

On June 13, 2013, at around 12:42, the Defendant: (a) opened and intruded with the other party D’s house located in Ulsan-gun, Ulsan-gun, the victim was suffering from the other party’s property over a total of two occasions from June 13, 2013 to June 17, 2013; (b) opened and intruded with the other party’s house located in the Ansan-gun, the victim was not corrected; and (c) opened a gold field equivalent to the total market value of KRW 2,80,000, the victim’s market value in the Ansan-gun, which was the victim’s possession in the Ansan-gun, the Defendant attempted to steal the other party’s property over a total of three occasions; and (d) attempted to steal the other party’s property over a total of three occasions, but failed to do so.

Accordingly, the defendant habitually stolen or attempted another person's property worth a total of 4,50,000 won over five times.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. The statement of each police officer made to F and G;

1. Each written statement of D, H and I;

1. Each protocol of seizure and the list of seizure;

1. Each report, each on-site inspection report, each investigation report, and each investigation report;

1. The application of Acts and subordinate statutes recognizing habitive walls to commit the instant crime, in light of the fact that each photograph (before and after the printing), criminal history records, investigation reports (report on the confirmation of the past record of the same kind of crime), personal identification and confinement status (shortness at the time), were sentenced to each criminal record, criminal method, frequency of crimes, and the execution of punishment for the same kind of crime, was completed, and again commits the instant crime during the repeated crime period;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 329 of the same Act, 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. Discretionary mitigation;