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

Of the facts charged in the instant case, the charge of larceny is acquitted.

Punishment of the crime

[criminal power] On February 5, 2004, the Defendant was sentenced to seven years in Seoul High Court to imprisonment with prison labor for violating the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc.). On August 6, 2010, the Defendant completed the execution of the sentence in the Ansan Prison.

【Criminal Facts】

On June 2, 2013, around 12:40 on June 2, 2013, the Defendant entered the house through the open gate to steal money and valuables from the victim H located in the second floor of the Nam-gu Incheon Metropolitan City G building.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. Previous records of judgment: Criminal history records, personal identification and confinement status, application of Acts and subordinate statutes of four copies of judgment;

1. Article 319 (1) of the Criminal Act and the choice of imprisonment with labor for the crime;

1. The reason for sentencing under Article 35 of the Criminal Act, among repeated offenders, has served two times as a prison sentence to commit the crime of larceny, robbery, and rape, etc. by intrusion upon a residence. At the time of the instant crime, the Defendant had a criminal record attached with an electronic device due to the foregoing criminal records; the Defendant committed the instant crime again during the period of repeated crimes; and the Defendant was acquitted of attempted larceny as follows; however, it is necessary to take into account the fact that the purpose of intrusion upon a residence was the larceny as the motive for the instant crime, in light of the fact that the purpose of the instant crime should be considered as the motive for the crime.

However, it shall be considered in favor of the victim that the victim is the prior wife of the defendant.

Parts of innocence

1. On June 2, 2013, the Defendant: (a) around 12:40 on June 2, 2013, discovered a stolen object from the victim H’s house, room, and inside room of the building in the Nam-gu Incheon Metropolitan City building; (b) was caught by the victim, thereby escapeing through the entrance and exit.

2. Determination

A. The Defendant asserts that intrusion upon residence did not proceed to the time of the commission of larceny.

B. The time of commencement of larceny is close to infringing on another person’s de facto control over property.