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

Punishment of the crime

[criminal history] On February 17, 2017, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court, and on March 24, 2018, the Defendant completed the execution of the sentence in the lawsuit against North Korean defectors on March 24, 2018.

[2] On April 1, 2018, the Defendant: (a) invadedd the victim E’s residence, which was opened in front of the victim E’s residence in Ansan-si, Dongdong-si, at around 20:20, up to the front of the victim’s residence; (b) opened one point of tex 1,50,000 won in the market price of the victim’s ownership in the new site; and (c) did not commit an attempted crime, but did not commit an attempted crime, by deeming the victim’s new site as the victim’s market price in an amount equivalent to KRW 1.50,00,000 in the amount of KRW 1.50,00 in the market price of the second victim’s ownership.

Accordingly, the Defendant attempted to steal property by intrusion upon the victim's residence at night.

Summary of Evidence

1. Statement of witness E;

1. Nine copies of the photographic image;

1. Reports on internal investigation (Attachment to photographs of crime scene), investigation reports (Attachment to new photographs of the victim);

1. Previous conviction: A) and printed matter of inquiry, such as criminal history, (A) and related decision-making output (the defendant and his defense counsel asserts to the effect that the defendant did not engage in the same act as the facts charged.

However, in full view of the following: (a) the victim discovered a new appearance in the new site of the victim’s house located six stories in the telecomter through CCTV; (b) the six-story was arrested and delivered to the investigation agency after arresting the Defendant; and (c) the victim’s specific statement and statement attitude, etc., the fact that the Defendant committed an act identical to those recorded in the facts charged can be sufficiently recognized.

Therefore, we cannot accept the defendant's and defense counsel's assertion.

Application of Statutes

1. Articles 342 and 330 of the Criminal Act concerning the facts constituting the crime;

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

1. Whether the sentencing criteria are applied;