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

Punishment of the crime

On November 25, 2010, the Defendant was sentenced to four months of imprisonment for a crime of intrusion upon residence at the Changwon District Court, and completed the execution of the sentence on March 23, 201.

On October 24, 2012, the Defendant: (a) around 14:00, around 14:00, at the time of Changwon-si, the victim E’s house located in the D 3 cafeteria located in the Gu, Jinwon-si; (b) went into the opening entrance of the entrance by making use of any cresh in the vicinity; and (c) went into the entrance and exit of the living room, and then cut off the cash of KRW 80,000 (one sheet of KRW 7,000, one sheet of KRW 5,000, KRW 1,000, KRW 500) owned by the victim in the West of the living room.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement protocol of E prepared by the police;

1. Records of seizure and list of seizure prepared by the police;

1. Photographs;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment, etc.);

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (Influence of residence), Article 329 of the Criminal Act (influence of residence), and the choice of imprisonment with prison labor, respectively;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] Article 4 types of larceny for general property [the grounds for sentencing] [the person who has been specially mitigated] [the person who has been sentenced] imprisonment for 8 months (the defendant has been sentenced for several times due to a crime related to intrusion upon residence or larceny], and there are many records of having been sentenced to punishment. The defendant was sentenced to imprisonment for four months at the Changwon District Court on November 25, 2010 and was sentenced for four months as a crime of intrusion upon residence at the Changwon District Court on March 23, 2011 and committed the crime of this case for a repeated crime after completion of the execution of the sentence, according to each of the above evidence, it is inevitable for the defendant to be convicted of the larceny crime without considering his/her erroneous sentence as to the larceny crime.

However, the defendant's mistake in relation to the crime of intrusion on residence.