A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal record] On December 11, 1997, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court, and was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on September 14, 2007. On March 27, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seo-gu District Court’s branch branch, and completed the execution of the sentence at the Daegu District Court on October 29, 2015.

[2] In a situation where the Defendant was habitually lacking the ability to discern things or make decisions due to editing and mental division, the Defendant damaged the entrance by unfolding the entrance door of the victim at around 23:00 on June 5, 2016 at around 23:0, 2016, and had one television with the market price of 43,000 won in the victim’s possession, which was kept in the said place, at around 70,000 won.

As a result, the defendant has been sentenced to punishment twice or more due to larceny, etc. and has committed a special larceny again within three years after the execution of punishment is terminated or exempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. A medical certificate;

1. Copies of medical records; and

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment to personal confinement status), and copy of the judgment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned manner;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes [Inasmuch as a criminal record of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., of which the execution of punishment was completed on October 29, 2015]

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Reduction of a small amount;