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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal power] On December 19, 190, the Defendant was sentenced to a maximum of one year and ten months of imprisonment with prison labor for larceny at the Youngcheon District Court’s Youngcheon Branch’s Young-gu Branch’s Young-gu Branch’s Young-gu Branch’s Seoul High Court’s High Court’s imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) on October 20, 1993; on February 28, 1997, the Defendant was sentenced to two years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on August 24, 200, the Defendant completed the execution of the sentence by a prison on February 3, 2011.
【Criminal Facts】
On September 19, 2012, the Defendant habitually, around 13:40 on September 19, 2012, in front of the victim D's house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, attempted to steal the victim's goods inside the house through the warehouse, and invaded into the house through the warehouse, and did not find any things that can be stolen from the small bank and the ward, but did not find any things that could be stolen, and even though having attempted to search for things that could be continuously stolen by entering the inner bank, the Defendant did not go through the wind that is discovered to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. On-site photographs;
1. Previous records: Criminal records, each investigation report (report on confirmation of criminal records and repeated crimes of suspects, and attachment of a copy of the written judgment), and each written judgment;
1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc. as shown in the judgment;
1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the crime;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.