A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Majority-related relationship] On November 12, 2013, the Defendant was sentenced to imprisonment with labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court (Habitual larceny) and completed the execution of the sentence on March 13, 2015 (hereinafter “the judgment subject to a retrial”).

On September 16, 2015, the Defendant filed a request for a retrial on the judgment subject to a retrial based on the Constitutional Court’s decision of unconstitutionality, and a new trial was commenced. On September 24, 2015, the instant judgment became final and conclusive on September 24, 2015, by having been sentenced to imprisonment with prison labor for habitual larceny under Articles 332 and 329 of the Criminal Act at the Busan District Court (hereinafter “new judgment”).

[2] On August 30, 2015, at around 04:20 on August 30, 2015, the Defendant: (a) published the Defendant’s door on the Defendant’s private village and the Defendant’s door on the second 5th floor above the “C funeral ceremony room located in Busan Dong-gu, Busan; (b) obstructed the Defendant’s private village and the Defendant’s door into another family room to steals the cash; and (c) intruded the victim’s door up to the first floor into a third room with less than the visitors, and (d) 2.50,000 won in cash inside the bank room after the victim’s door located in the bank room.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. CCTV photographs;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (No. 12 through 16).

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (the point of larceny by intrusion at night);

1. On the other hand, Article 332 and Article 329 of the Criminal Act provides that a person who commits a crime of habitual larceny and other illegal use (Article 330 of the Criminal Act) such as automobile (Article 331 of the Criminal Act) and special larceny (Article 331 of the Criminal Act) shall be subject to aggravated simple larceny (Article 329 of the Criminal Act), and Article 332 of the Criminal Act provides that a person who commits a crime of habitual larceny (Article 332 of the Criminal Act) and special larceny (Article 331 of the Criminal Act Article 331-2 of the Criminal Act) shall be subject to aggravated punishment by half of each punishment prescribed for the crime. Thus, the above provision does not require intrusion.