A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 4, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Suwon District Court’s Sejong District Court’s House, and the judgment was finalized on November 22, 2013. On December 30, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for residential intrusion larceny at night in the same court and became final and conclusive on May 20, 2016.

On May 24, 2012, around 02:30 on May 24, 2012, the Defendant: (a) entered the victim D (S) in Jincheon-gun, Chungcheongnamcheon-gun; and (b) was discovered to the victim.

The Defendant fleded while threatening the victim as a knife with water supply, which is a deadly weapon located in the math of the knife (20cm in the knife length) with water supply, which is a dangerous weapon located in the body of the victim, such as the head and the head of the gnife.

Accordingly, the defendant invadedd the victim's residence, and threatened the victim with a deadly weapon.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police with D (on May 30, 2012);

1. A response to a request for appraisal and a gene appraisal report;

1. Previous conviction: Determination on a reply to inquiry, such as criminal history, investigation report (final judgment confirmation), two copies of the judgment, summary information of the case, and the assertion of the defendant and the defense counsel

1. The Defendant and his defense counsel did not appear at the site at the time of the instant case, and the Defendant was not so.

Even if the defendant tried to larceny or threatened him with a knife

There is no clear evidence to determine the person, and even if all the facts charged of this case are true, the defendant was threatened with a knife with a knife to escape from the infringement of the victim's knife at the price of the knife examination. Thus, this constitutes a legitimate defense.

2. Determination

A. Whether the Defendant was at the scene at the time of the instant case (1) the method of scientific evidence, such as genetic tests and blood type tests, is proved to be true, and the method of its reasoning is deemed to have been stimulated to the extent that there was no possibility of mistake or disregarding by the scientificly legitimate method.