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

Punishment of the crime

[Criminal Justice] On March 22, 2001, the Defendant was sentenced to five years in Seoul High Court to imprisonment for attempted larceny, etc.; on June 22, 2011, the Seoul Western District Court sentenced two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on October 29, 2015, the Defendant was sentenced to two years in prison on July 14, 201, and completed the execution of the sentence.

【Criminal Facts】

On August 14, 2016, around 05:56, the Defendant: (a) entered the victim D’s residence in Seongbuk-gu Seoul Metropolitan Government, via the open door, and intruded on the victim’s residence; and (b) stolen the victim’s cash amounting to KRW 300,000,000, and credit cards, etc., with a night color room for women, which contain the victim’s cash amounting to 300,000 won.

Summary of Evidence

【Criminal Facts】

1. Defendant's legal statement;

1. Written statement [criminal Records]

1. A statement on criminal records, etc.;

1. Status of investigation reports (verification of the period of repeated crimes against A) and related printed materials of the list of related cases attached thereto, judgment of the Seoul Northern District Court and personal confinement status;

1. Application of Acts and subordinate statutes to the investigation report (verification of the same kind of power and change of the title of the crime);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act and Article 319 (1) of the Criminal Act concerning the crime (the point of intrusion upon residence and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] / [the scope of punishment / [1 year and six months to three years] of the basic area (1 year and six months to three years) of larceny under the Specific Crimes Aggravated Punishment Act / [the decision of sentence] / Defendant not only has the history of having been punished several times for larceny, but also has the history of having been punished several times as a repeated crime. Considering that Defendant is a repeated crime, Defendant should be punished for severe punishment.

However, the order is issued in consideration of the fact that the defendant reflects the mistake and that the number of crimes is only one time.