A defendant shall be punished by imprisonment for not less than two years and six months.

Seized even one even (Evidence No. 1) shall be confiscated.

Punishment of the crime

[criminal history] On May 2, 1997, the Defendant was sentenced to two years of suspension of execution in August, 197, to larceny at night at the Seoul Northern District Court; on April 20, 199, one year of imprisonment for special larceny, night residence intrusion larceny at the Seoul Central District Court; on March 13, 2001, three years of imprisonment for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court; on May 18, 2011, one year of imprisonment for night intrusion larceny at the Seoul Western District Court; and on September 28, 2017, one year of imprisonment for night intrusion larceny at the Seoul Western District Court, and finally completed the execution of the sentence at the Seoul Western District Court on June 10, 2018.

[Criminal facts] On September 7, 2018, around 21:35, the Defendant intruded the victim C’s residence in Mapo-gu Seoul Metropolitan Government, and had 40,000 won in cash on the wall owned by the victim, who was on the part of the victim, and did not have been corrected.

In addition, during the period from around that time to October 17, 2018, the Defendant stolen approximately 708,810 won in cash and seven precious metals, the market price of which is unknown, as shown in the List of Offenses in Attached Crimes.

As a result, the Defendant, who was sentenced to imprisonment not less than three times with prison labor due to the crimes of Articles 330 and 331 of the Criminal Act, and attempted crimes, committed larceny at night within three years after the execution of imprisonment is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements in C and D;

1. 긱 압수 조서 법령의 적용

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 as prescribed in the corresponding Act;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The basic area (two years to four years) of the types of larceny under the Act on the Aggravated Punishment of Specific Crimes, the scope of which is recommended on the sentencing criteria;

2. Determination of sentence, night-time theft, intrusion upon residence, etc.;