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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
[criminal power] On July 25, 2013, the Defendant was sentenced to 10 months of imprisonment with prison labor in the Incheon District Court due to night residence intrusion theft, etc., and on August 22, 2013, the Incheon Detention House completed the enforcement of the sentence.
【Criminal Facts】
On November 3, 2013, at around 04:20 on November 3, 2013, the Defendant intruded the cre in which security guards patrol in Yeonsu-gu Incheon Metropolitan City C Center on 36th floor with other piping materials kept, and stored piping materials (EL) equivalent to 1510,000 won at the market price of the victim corporation, which is the ownership of the alternative equipment.
Accordingly, the defendant invadedd a structure at night and stolen the victim's property.
Summary of Evidence
1. Legal statement of witness D;
1. Statement of D police statement;
1. E statements;
1. Photographs;
1. Each report on investigation;
1. Previous records: Application of Acts and subordinate statutes concerning investigation reports, confirmation of repeated crimes, and current status of personal identification and confinement;
1. Article 330 of the Criminal Act applicable to the crime;
1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] : (a) the mitigation area (the special mitigation factor) (the person in August to June) of the mitigation area (the person in special mitigation factor) / (the sentencing decision) of the same type / the defendant cannot be sentenced in light of the fact that he repeats the crime during the period of repeated offense; (b) the damage was immediately recovered and the damage was recovered; (c) the defendant is the disabled of class 3 of the intellectual disability; (d) the defendant is hospitalized and treated by mental fission; and (e) the defendant's age, character and conduct, environment, and conditions before and after the crime were determined to be beyond the recommended sentencing range by taking into account the circumstances shown in the record.