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

Punishment of the crime

On June 11, 1991, the Defendant was sentenced to one year and six months from imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Central District Court on July 10, 2008 and one year from imprisonment with prison labor due to night building intrusion and larceny at the Suwon District Court on July 10, 2008. On April 9, 2010, the Defendant was sentenced to one year and six months from imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Incheon Central District Court’s subsidiary branch, and completed the execution

Around 23:30 on January 15, 2012, the Defendant: (a) destroyed the entrance door of the corrected store to be stolen by destroying it to the dricker, which was prepared in advance; (b) did not find any things to be stolen; (c) went out of and attempted to do so; and (d) habitually, i.e., on 18 occasions from December 2, 201 to January 16, 201, the Defendant attempted to steal or attempted to steal the total market price of KRW 1.96 million owned by the victims from December 2, 2011 to January 18, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each written statement of F, G, H, I, J, K, K, L, M, N, P, Q, R, S, D, and T;

1. Each photograph, each on-site report, each on-site visit, each on-site visit, response to requests for appraisal, copies of bankbooks, and details of transactions;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records and investigation reports (criminal records and reports on the same kind of criminal records);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of number of crimes, frequency of crimes, and the fact that the same kind of crime has been systematically repeated;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 331 (1), 342, and 329 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The fact that the crime of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act is committed and is against the wrongness, the family environment and health conditions of the defendant;