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

Punishment of the crime

On August 10, 2006, the Defendant was sentenced to seven years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Rape, Injury by Rape, etc.), and completed the execution of the sentence on June 22, 2013.

On July 20, 2015, from around 21:00 to 23:50 on the same day, the Defendant discovered an unlocked gate between the victim D (n, 60 years of age), opened the gate and opened the 2nd floor of the stairs, opened the gate, and opened the gate into the 2nd floor, cut off the glass door by unfolding the door, and intruded into the gate, leaving the 50,000 won in cash owned by the victim.

Accordingly, the defendant invadedd the victim's residence at night and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (verification of sunset time), - Table of sunset time;

1. Investigation report - Re-investigation or on-site photographs of the damaged site (Evidence No. 97 pages of the record);

1. Confirmation of identity of the thief;

1. Previous records of judgment: Criminal records, etc., inquiry report (A), investigation report (Attachment to previous records, etc. for repeated crimes), personal identification status, application of three copies of judgment;

1. Article 330 of the Criminal Act applicable to the crime;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Determination of types of larceny: Larceny against general property;

2. Determination of the scope of sentence: Reduction area, eight months to one year and six months (a person who is a person who commits a special mitigation shall not be punished);

3. In light of the fact that the defendant who was sentenced to the punishment of this case commits the crime during the period of repeated crime, and that the statutory punishment for nighttime intrusion larceny is only imprisonment with prison labor, it is inevitable to sentence the defendant to the punishment.

However, the defendant's mistake is recognized and reflected, and the victim does not want the punishment by agreement with the victim after the prosecution of this case, the amount of damage is small, the defendant's age, character and behavior.