A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On October 18, 2013, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and two months in the Seoul Northern District Court for night, intrusion upon residence, larceny, etc., and on April 24, 2015, the Defendant was sentenced to one year and six months in the Suwon District Court for special larceny, etc. on December 9, 2016, and was sentenced to two years in the Seoul Western District Court for special larceny, etc. on January 10, 2019, and completed the execution of the sentence on May 1, 2020.

On May 4, 2020, at around 11:47, the Defendant: (a) committed a theft with 2,80,000 won in total; (b) 2,000 won in total; (c) 2,000,000 won in a house, and 20,000 won in cash, in front of the victim D’s residence in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government B apartment; and (d) committed a theft with knife with 2,80,000 won in total; (d) 1,000,000 won in total; and (e) 2,000,000 won in cash.

Accordingly, even though the defendant was sentenced to imprisonment more than three times due to special larceny, he again commits larceny during the period of repeated crime, and intrudes on the residence of a person.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements prepared in connection with D;

1. Each investigation report (the identification at the site of the case, the confirmation of the amount of damaged articles, the confirmation of whether the damaged articles are probed, and the report on the victim's DNA currency);

1. Each internal investigation report (on-site CCTV confirmation, specific description of suspected CCTV raising, damage-related articles);

1. Records of seizure and the list of seizure;

1. A report on the results of field identification;

1. Previous convictions in judgment: Application of criminal records, inquiry reports (A), investigation reports (informating a copy of judgment), and Acts and subordinate statutes concerning the acceptance status of each individual;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act and Article 319 (1) of the Criminal Act concerning the crime (the point of intrusion upon residence and the choice of imprisonment);

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

1. Aggravation for concurrent crimes;