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

Punishment of the crime

[Criminal Power] On August 19, 2010, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Daegu District Court, and completed the execution of the sentence in the Daegu Prison on June 28, 2012.

【Criminal Facts】

On December 22, 2012, at around 17:05, the Defendant entered the victim’s house located in the third floor of the Daegu Suwon-gu C building, and intruded on the victim’s house through open gate.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of D and E;

1. Previous records before ruling: Application of criminal records, etc., each investigation report (a copy of the judgment attached thereto, and confirmation at the expiration of the term of punishment);

1. Relevant Article 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. In light of the fact that: (a) the reason for sentencing Article 35 of the Criminal Act, among repeated criminals, the Defendant was sentenced several times to the punishment for larceny and intrusion upon residence; (b) the Defendant committed the instant crime even during the period of repeated crimes, since more than six months have passed since the execution of imprisonment was completed due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); and (c) the Defendant appears to have invaded upon the victim’s residence for the purpose of larceny; and (d) it is inevitable that the Defendant’s sentence

Parts of innocence

1. On December 22, 2012, the Defendant: (a) around 17:05, the Defendant: (b) moved in the Daegu Suwon-gu Suwon-gu C frontway; (c) reported that the steel gate of the third floor building in which the victim D resides, was opened; and (d) went into the building to steals the object.

Therefore, the defendant went to the second floor by using stairs in order to search for stolen objects through the gate, but he saw shots in the second floor house, and went to the house of the victim in the third floor.

In that sense, the defendant tried to steals property by opening the door door of the victim and leaving the door inside the house, but it is possible to steals property.