A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal Justice] On October 23, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor due to night buildings, intrusion of buildings, larceny, etc. at a district court of the Republic of Korea on January 20, 2013 and completed the execution of the sentence in a governmental prison on January 20, 2013.

【Criminal Facts】

1. On October 27, 2013, at around 16:00 on October 27, 2013, the Defendant, who intruded upon his residence, stolen property from e-loan in Yeongdeungpo-gu Seoul Metropolitan Government Victim D (the age of 31) and opened the urban gas pipeline to the second floor, and opened the bera window as hand and intruded on the victim’s residence.

2. A criminal defendant who attempted to larceny was discovered to the above victim and arrested him/her as a flagrant offender while displaying a stolen object at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous convictions in the judgment: A criminal investigation report (related judgments and confirmation of the date of release), personal identification and confinement status, inquiry inquiry report, defense counsel's defense counsel's assertion on the assertion of defense counsel, and as such, the defendant was put to the process of investigating whether he/she was a person first before entering a physical form as a measure, and thus, there was no commencement of the commission of larceny.

However, as long as the defendant invadeds for the purpose of larceny, it is reasonable to view that the act of searching for residents and printing for stolen objects was conducted at the same time, and it cannot be deemed that there was no time to do physical activity, and therefore, the above assertion by the defense counsel is rejected.

Application of Statutes

1. Articles 319 (1), 342, and 329 of the Criminal Act applicable to the relevant criminal facts;

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

1. The crime of this case, among concurrent offenders, committed a crime for the same kind of crime for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, but again committed a crime within the repeated crime period, and committed a theft of property by intrusion upon another person's residence, is in accordance with the applicable law.