A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On December 18, 2007, the Defendant was sentenced to three months for attempted larceny at the Seoul Northern District Court, and was sentenced to one year and two months for larceny, etc. at the Seoul Central District Court on March 23, 2011, and was sentenced to one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on March 14, 2014. On September 4, 2015, the Defendant was sentenced to one year and six months for a violation of the Act at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Crimes. On January 18, 2017, the Defendant completed the execution of the sentence at the Incheon Central District Court on September 4, 2015.

On July 13, 2018, around 10:45, the Defendant intruded into the room through the window of a living room opened in front of the victim D located in Seongdong-gu Seoul, Seongdong-gu, Seoul, with a total of KRW 970,000,000 and the market value of the cash owned by the victim located in the west on his book, and a total of KRW 11,00,000,000,000 per piece of precious metals, such as one half-raddon, one PC, and one Blus, etc.

Accordingly, the defendant invadeds on the residence of a person, and stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report (to attach part of precious metal identical with damaged items and prices, and damaged objects);

1. A protocol of seizure and a list of seizure;

1. Images of CCTV around the scene of occurrence, and photographs of damaged articles seized;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the results of search by prisoners);

1. There is a problem in double evaluation that the aggravated punishment of a repeated crime under the Criminal Act is aggravated on the ground that the statutory punishment is a repeated crime under Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime of crime and Article 329 of the Criminal Act (ad Hoc) and the aggravated punishment of a repeated crime under the same Act (see, e.g., Seoul Central District Court Decision 2017No2784, Nov. 3, 2017). The statutory penalty under Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes is already determined to be aggravated as a repeated crime under Article 8 of the Criminal Act.