A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On December 16, 2005, the Defendant was sentenced to imprisonment with prison labor for robbery at the Seoul Northern District Court on May 27, 2009 and six months from the Seoul Northern District Court on August 25, 2016, and the judgment became final and conclusive on September 2, 2016, and completed the execution of the sentence at the Ansan Prison on December 17, 2016.

[Criminal facts]

1. On February 17, 2017, at around 10:00, the Defendant: (a) opened a entrance that was not set up in the victim D’s residence in Jung-gu Seoul Metropolitan Government, and entered into the first floor warehouse; (b) loaded old electric wires equivalent to KRW 200,000 in the market value of the victim’s ownership at that location into the handhouse.

Accordingly, the defendant abused the victim's property by intrusion upon the victim's residence.

2. Around 10:00 on February 21, 2017, the Defendant: (a) opened an entrance that was not set up at the residence of the said victim; and (b) opened into the storage of the first floor; (c) opened a studio, which was cut off to E in order to steals the object; and (d) did not constitute an attempted crime, and was cut off to E in order to have the object stolen.

Accordingly, the defendant invadedd the victim's residence, and attempted to steals the victim's property, but attempted to commit it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (for witness E telephone conversations, on-site photographs, and verification of stolen business operators);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (verification of whether a repeated crime is repeated), search results of prisoners, investigation report (verification of the date of release from prison and attachment of the same military records, etc.);

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime concerned, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the choice of punishment, Article 329 of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act (the point of attempted larceny) and Article 319(1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment)

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

1. Article 37 of the Aggravation of Concurrent Crimes Act.