The defendant shall be exempted from punishment.

Criminal facts

On August 30, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for special larceny, etc. in the Daejeon District Court Branch of the Daejeon District Court on September 7, 2013, and the judgment became final and conclusive.

1. The Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) around 17:10 on March 28, 2013, in order to steal the victim’s property by taking advantage of the victim’s property at the house of the victim C located in Asan-si, Asan-si, the Defendant, D, after gathering, reported the network before the house, and E, took place before the house, and F opened a toilet window and opened the entrance door, and entered the house through G opened.

Accordingly, the defendant infringed upon the victim's residence jointly with D, E, F, and G.

2. In the above date, at the above time, the Defendant: (a) reported the network before the house; (b) reported the network before the house; (c) opened a toilet window and open the entrance door to the house; and (d) opened one cell phone and one wall with a total of 120,000,000 won of the market price on the door, which is the victim’s possession through the door open door.

Accordingly, the defendant stolen the victim's property together with D, E, F, and G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F, E, or D;

1. C’s statement;

1. G self-statements;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 (2) and (1) of the same Act, Article 319 (1) of the Criminal Act (the point of joint residence intrusion, the choice of imprisonment), and Article 331 (2) and (1) of the Criminal Act (the point of special larceny);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case under Article 39(1) of the Exemption of Punishment Act is committed by the Defendant during the period of the first head of the case where the Defendant was finally and conclusively convicted, and the same punishment is to be imposed concurrently.