A defendant shall be punished by imprisonment for two years.

Criminal facts

On October 25, 2012, the Defendant sentenced the Seoul Eastern District Court to one year and ten months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on June 23, 2014.

At around 18:15 on January 2, 2015, the Defendant: (a) intruded into the house through abera window that was installed on the outer wall of the building of the victim F (n, 31 years of age) located under the EOO in Nam-si, Namyang-si; and (b) invaded into the house through a beraca window that was not locked, and followed the singular singing, etc., of the singing to the singular singing, etc., of the singular singing, the Defendant got away from the wind, which was turned out, and then did not steals the property, and threatened the victim with an attempted attempt to escape with the aim of evading arrest before the escape.

Accordingly, the defendant invaded upon another person's residence at night and threatened the victim for the purpose of taking away property and evading arrest.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. G statements;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. A report on the occurrence of a robbery, on-site photograph, each investigation report (except for thief Nos. 31, 32, 33 of the evidence list), photographic data on the analysis of the movement of robbery suspects, transportation card records used by the suspect, details of the card transactions, the list of comparisons, and reports on the results of field identification;

1. Previous convictions in judgment: Inquiry reports and application of Acts and subordinate statutes (Evidence List No. 33);

1. Article 342, 335, or 334 (1) of the Criminal Act applicable to the crimes and Articles 342, 335, or 334 (1) of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Determination as to the defendant and his/her defense counsel's assertion under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime)

1. The gist of the assertion is that the Defendant immediately escaped after being discovered to the victim at the time of committing the instant crime, and arrested him.