A defendant shall be punished by imprisonment for three years.

Punishment of the crime

On August 2, 2001, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court. On February 1, 2002, the Defendant was sentenced to imprisonment with prison labor for the same crime at the same court on February 1, 2002 and the said judgment became final and conclusive around that time. On October 28, 2004, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the same crime, etc. on October 28, 2004. On June 15, 2006, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime, etc. at the Jeonju District Court's branch branch on September 25, 2008. In addition, on September 25, 2008, the Defendant was sentenced to four years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court.

On February 1, 2013, at around 14:25 on February 1, 2013, the Defendant habitually infringed on the victim D’s house located in Gangseo-si, Gangnam-si, and tried to steals money and valuables by opening unreciled bed and destroying the victim’s house. However, the Defendant was dismissed and attempted to commit a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Previous records of judgment: A inquiry report on criminal records, etc., investigation report (report accompanied by a copy of the judgment), and investigation report (report on the results of confirmation of the punishment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Articles 5-4 (6) and (1), 329, and 342 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of punishment under law] three to twenty-five years of imprisonment [the scope of punishment recommended] 2 to four years of imprisonment [the basic area of category 1 (general repeated larceny) among larceny and habitual repeated larceny] / [the decision of sentence] imprisonment with prison labor for three years prior to the instant case.