A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

【The Defendant was sentenced to two years to imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on October 10, 2013, and completed the execution of the sentence at the Changwon Prison on June 25, 2015.

[Criminal Facts]

1. Intrusion upon residence;

A. On December 9, 2015, the Defendant: (a) around 11:45 on December 9, 2015, 8 household units, such as the victim D (n, 69 years of age) located in Daegu-gu Seo-gu, Seo-gu, Daegu-gu, where 8 household units live, infringed upon the victim’s residence by entering the stairs of the 1st floor, on the ground that she would steal the property.

B. On December 9, 2015, at around 11:50, the Defendant came to the house of the victim G (n, 66 years of age) located in the Daegu-gu Seo-gu, Daegu-gu, and thought to steals property with the knowledge of the victim’s outing and going to the house. The Defendant accessed the victim’s house windows outside of the second floor corridor of multi-household housing located in H located in the area adjacent to the said place, and accessed the victim’s house by hand, and then breaking the shock network installed on the window, removed the screen by hand, opened the window and enter the victim’s house through the said window, and infringed on the victim’s house.

2. The Defendant: (a) entered the Victim G house at the same time, at the same place as that of paragraph (1)-B; (b) and (c) committed theft with a total of KRW 10 million in cash owned by the victim who was sexual harassment in the inside of the said place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Each protocol of seizure and each list of seizure;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the same type of criminal suspect and confirmation of the date of release);

1. Relevant legal provisions concerning the facts constituting an offense, Article 329 of the Criminal Act of the choice of punishment (a point in Section 329), Article 319 (1) of the Criminal Act (a point of intrusion upon each residence) and the choice of imprisonment, respectively;

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

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes is that the Defendant was punished by larceny, etc. In particular, around October 2013, he/she was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.