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

Criminal facts

[criminal history] On December 12, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for night residence intrusion larceny at Seoul Southern District Court, and was sentenced to eight months of imprisonment with prison labor for night residence intrusion larceny at Seoul Southern District Court on November 27, 2014, and on March 11, 2016, the Seoul Southern District Court was sentenced to eight months of imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Southern District Court, and completed the execution of the final sentence at the female District Court on July 4, 2016.

[2] On July 17, 2016, at around 22:50, the Defendant had the symptoms of delay of class C and 101 in Guro-gu Seoul Metropolitan Government C and 101, and thus, the Defendant had failed to commit an attempted to commit a crime by the wind, which could be discovered to the victim, even if he had opened a entrance door that was not locked and intruded into the house and had the ability to make a decision on the will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the confirmation of the date on which the term of punishment related to repeated crimes expires);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 342 and 330 of the Criminal Act concerning the crime committed;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of recommendation] / [the category 1] / [the basic area for the larceny (the Act on the Aggravated Punishment, etc. of Specific Crimes] : Reduction according to the grounds for mitigation (the grounds for special sentencing) from one year to six years (the person who is subject to special sentencing] : From one year to two years (the decision of sentence] from one year to two years (the decision of sentence]; the defendant has a weak ability to make a decision due to his mental symptoms; the defendant's age, sex, criminal records, and the circumstances after the crime, etc.