A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On May 11, 2006, the Defendant was sentenced to two years and six months to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Jeonju District Court on June 25, 2010, and was sentenced to five years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Gwangju High Court on June 25, 2010, and on December 18, 2015, the Defendant completed the execution of the sentence on September 11, 2018.

【Criminal Facts】

As above, the Defendant was sentenced to imprisonment more than three times with prison labor due to larceny, etc., but during the period of repeated crime, at around 11:00 on February 1, 2019, the Defendant went into the house of the victim victim D of Ba Ba Ba, and intruded the victim’s residence by entering the house through open bera window, and the victim’s key-shaped gate, which was the victim’s possession of the victim in the epoch of cremation, was stolen by inserting one, one half of the gold-type gold-gu, one gold-gu, one gold-gu, one gold-gu, and one precious metal-string half, and the total market price of 5,00,000,000 won, such as the case where there are two precious metals.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records: Application of Acts and subordinate statutes on criminal records, correspondence records and personal confinement status;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act and Article 319 (1) of the Criminal Act concerning the crime (the point of intrusion upon residence and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of recommending punishment according to the sentencing guidelines [Determination of types of punishment] thief under the Act on the Aggravated Punishment of Specific Crimes [Class 1] Joint Habitual thief (special dubs) mitigated elements: In the area of mitigated punishment [the area of recommending and the scope of recommended punishment], and one year to two years and six months;

2. The defendant who was sentenced to criminal punishment shall be thief;