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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
On February 23, 2011, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Busan District Court. On May 19, 2011, the Defendant was sentenced to four months of imprisonment for fraud, etc. at the Busan District Court’s Dong Branch branch branch, and on June 28, 201, on June 28, 201, the Defendant was sentenced to four months of imprisonment for fraud. On January 11, 2013, the execution of the sentence was terminated at the detention center.
At around 22:00 on March 9, 2013, the Defendant laid down bricks around the “E Real Estate” operated by the victim D in Young-gu, Suwon-si, Suwon-si, and laid down the window of the above real estate office and opened the window and intruded the building into the above office, and cut off the victim’s market value of KRW 500,000,000.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements prepared D and F;
1. Seizure records;
1. Each photographic image;
1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records, copies of each written judgment, and current status of personal identification and confinement;
1. Articles 331(1) and 330 of the Criminal Act applicable to the facts constituting an offense;
1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;
1. The scope of applicable sentences: Imprisonment for one year to ten years;
2. Application of the sentencing criteria [Determination of types] : thief for the theft against general property (special scief) - mitigated factors (living-type crimes) - increased factors [Determination of the recommended sphere] / [Determination of the recommended sphere]: Imprisonment with prison labor for a period of one year to two years.
3. Determination of sentence: One year of imprisonment (to be sentenced by imprisonment for a year, which falls under the lowest limit of the sentencing criteria, in consideration of the fact that the number of offenses is one time and the amount of damage is not large, etc.); and