A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On November 11, 2019, from around 12:00 to 15:00, the Defendant came to the residence of the victim C located in Gangnam-si, and opened a multi-use entrance door to a house that was not corrected by any other person and any other person in the house, and intruded into the house in the house, followed the living room balp, etc., and 50,000 won in cash owned by the victim located in the balp.

Accordingly, the defendant invadedd the victim's residence and stolen the property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report (Attachment of On-the-spot photographs), and (Attachment of Investigation Reports (suspects) - fingerprinting personal identification of larceny cases);

1. The application of Acts and subordinate statutes to confirm the identity of the thief who has requested fingerprint appraisal and reply materials to the National Police Agency;

1. Relevant Articles 319(1) (a) and 329 (a) of the Criminal Act, Article 329 of the Criminal Act, the choice of imprisonment for a crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommended punishment according to the sentencing guidelines [decision of type] is classified into the category of larceny [No. 4] intrusion larceny [the scope of recommended and recommended punishment] in general property [the scope of a special person]. The basic area is classified into the category of larceny [the recommended area and recommended punishment], imprisonment one to two years and six months. Thus, the crime of intrusion upon residence is not treated as a majority crime.

2. Determination of sentence: Imprisonment with prison labor for a period of eight months, the defendant has a criminal record of punishment for the same kind of crime, and did not recover from damage;

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, character, conduct, environment, health condition, circumstances leading to the crime, means and consequence, shall be considered in favor of the fact that the amount of damage is not relatively small, and the punishment shall be determined as ordered.