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

Seized evidence 1 to 3 shall be confiscated.

A medical care and custody applicant.

Criminal facts

The Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Ulsan District Court on August 27, 2010; on November 10, 201, he/she was sentenced to one year and two months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Ulsan District Court on the Punishment of Violences; on June 13, 2013, he/she was sentenced to one year and six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Ulsan District Court on August 7, 2015; on September 19, 2016, and completed the execution of the above punishment on September 19, 2016.

[Criminal facts] The Defendant, as a patient with alcohol dependence, had weak ability to discern things or make decisions due to a temporary inappropriate aggressive behavior, emotional instability, scarcity, and shock.

1. Violation of the Punishment of Violences, etc. Act (Noncompliance with habitually eviction);

A. On October 23, 2016, at around 00:09, the Defendant: (a) opened the victim’s front door to borrow KRW 6,000 from the victim E located in Yangsan-si; (b) opened the victim’s front door to open the door; and (c) received the victim’s demand to request the victim to leave the door; (d) but the Defendant did not comply with the demand, but did not stop until the police officer dispatched for ten minutes and arrived at the scene; and (e) rejected the victim’s demand to leave the door without good cause.

B. On November 7, 2016, around 18:36, the Defendant entered the house through an open gate to borrow KRW 10,000 from the damaged person at the place indicated in the foregoing paragraph (a). However, even if the Defendant received a request to change from the damaged person, the Defendant did not comply with the request and did not stop until the police officer dispatched after 10 minutes arrive at the place, and without good cause.