The defendant shall be exempted from punishment.

Punishment of the crime

On December 26, 1986, the Defendant was sentenced to imprisonment with prison labor for a maximum of ten months or a short-term of eight months with prison labor for larceny; on November 28, 1989, the same court was sentenced to imprisonment with prison labor for a special larceny; on August 18, 1992, the same court was sentenced to five years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on March 26, 1999, the Seoul Southern District Court was sentenced to seven years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on October 11, 2006, the Defendant was sentenced to imprisonment with prison labor for a limited term of ten years for robbery; on March 30, 2007, the Defendant was sentenced to imprisonment with prison labor for a special larceny method at one year and six months; on March 18, 2017, the Defendant was finally sentenced to imprisonment with prison labor for the said violation in Busan District Court.

On May 1, 2018, at around 00:0, the Defendant: (a) was at the house of the victim D, located in Busan Shodong-gu C and the second floor; (b) destroyed the toilet window (80cm wide, 50cm long, 50cm long) in a manner that it is impossible to identify the victim’s location; and (c) invaded into the inner gate and stolen the victim’s cash 60,000 won, which was owned by the victim at the home of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. All on-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report of investigation (related to concurrent crimes after Article 37 of the Criminal Act);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment [the crime of this case is in the relation of concurrent crimes between the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes for which judgment has become final and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the crime of violation of the latter part of Article 37 of the Criminal Act, and the