A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On October 23, 2014, the Defendant was sentenced to one year and six months of imprisonment with prison labor in the Incheon District Court due to night residence intrusion larceny, etc., and completed the execution of punishment on February 25, 2016. On December 12, 2013, the Defendant was sentenced to imprisonment with prison labor on December 12, 2013; six months from Incheon District Court’s imprisonment with prison labor on June 25, 2009; four months from Incheon District Court’s imprisonment with prison labor on account of attempted larceny; and on July 20, 2007, from Incheon District Court’s Vice Branch Branch of the Incheon District Court to night residence intrusion larceny, four months of imprisonment with prison labor on July 20 to four months.

【Criminal Facts】

On May 24, 2016, the Defendant: (a) around 20:40 on May 24, 2016, at the 20:5.20:40, the Defendant: (b) opened a back door without being locked by the victim’s response; (c) opened and intruded into the door; and (d) invaded the victim’s property by intrusion into the structure at night.

Accordingly, the Defendant committed the instant crime during the repeated crime period even though he/she was sentenced to imprisonment not less than three times for the crime as prescribed in Articles 329 through 331 of the Criminal Act or for the attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs of damaged articles;

1. Application of statutes to confirm crimes during the period of a copy of judgment and a repeated crime;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act has been terminated, and the instant crime has been committed only for three months.

However, after committing the crime, the victim returned to the place where the crime was committed, and the victim returned the damaged goods to the victim, and considering the favorable circumstances that the victim received from the victim, and the sentencing conditions stipulated in Article 51 of the Criminal Code, such as the environment of the defendant,