A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On November 15, 2016, the Defendant was sentenced to one year of imprisonment due to intrusion upon residence at night by the Daegu District Court on November 15, 2016 and completed the execution of the said sentence on September 16, 2017.

On August 31, 2018, the Defendant, at around 01:00, entered the victim C’s house wall located in Daegu Suwon-gu B, and tried to open the screen of the windows located on the side of the entrance.

Accordingly, the Defendant invadedd the victim C’s residence.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police with regard to C;

1. A detailed statement of investigation report (referring to a report on a victim and the process of obtaining intelligence), and a detailed statement of processing a reported case;

1. A report on internal investigation (a CCTV investigation by a suspect for escape);

1. Investigation report (informating the results of the next investigation), comprehensive details of vehicles (D);

1. A report on investigation (related to returning a suspect);

1. A report on investigation (a prior investigation of a suspect);

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, investigation report (written confirmation of two cases of intrusion theft judgment at night, and repeated offense), and text of judgment;

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. The crime of this case on the grounds of sentencing Article 35 of the Criminal Act for aggravated repeated crime is committed by intrusion upon another person’s residence at night, and the nature of the crime is bad, and the crime of this case is likely to be criticized during the period of repeated crime due to night-time intrusion larceny, etc., and other conditions of sentencing indicated in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, etc., shall be comprehensively determined as the sentence of this case.

The acquittal portion

1. On August 31, 2018, the Defendant: (a) tried to steal property before the Victim C’s house located in Daegu Suwon-gu B around 01:00; and (b) tried to open the screen of the window located adjacent to the entrance and exit outside the fence, while the Defendant discovered the victim who was in the mast cell, and tried to open the screen of the window located adjacent to the entrance, the Defendant’s intent is to dyp that “the math of the math bank.”