A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal records] The defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Incheon District Court on May 27, 2015, and the decision became final and conclusive on June 4, 2015, and is currently under probation.

[Criminal facts]

1. On October 19, 2016, the Defendant: (a) on October 10, 2016, up to October 10, 2016, the Defendant: (b) obtained one gold 14 km in an amount equivalent to KRW 400,00 at the market value of the lost property; (c) did not take necessary procedures, such as returning the acquired gold stuff to the victim; and (d) did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On October 19, 2016, around 14:40 on October 19, 2016, the Defendant invadedd the victim’s house through the open door 302 of the above C lending 3rd floor, in which the victim D resides, and invaded the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Written statements of D;

1. Scenic photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification during the period of suspended sentence of a suspect);

1. Relevant Article 360 of the Criminal Act concerning the facts constituting an offense, Article 360 of the Criminal Act concerning the selection of a penalty (the embezzlement of possession) and Article 319 (1) of the Criminal Act (the point of intrusion upon residence), and the choice of imprisonment, respectively;

1. The same year in which the defendant, on May 27, 2015, was sentenced to a suspended sentence of one year for larceny, etc. on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, for the punishment of concurrent crimes;

6. 4. The above judgment became final and conclusive and committed the instant crime during the suspended execution period. However, it is deemed inevitable to sentence the Defendant to a sentence on the charge of larceny, etc. even before the instant crime was committed during the suspended execution period, in consideration of the fact that the Defendant was sentenced to a fine of five million won.

Provided, That in determining the term of punishment, the defendant shall make a confession of his mistake.