Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal record] The defendant is a clerical error in writing in the indictment, which is written in the Chuncheon District Court on May 22, 2014, with a fine of one million won as a crime of intrusion upon residence.
B, on October 28, 2014, the same court was sentenced to the two-year suspended sentence for the same crime, etc. and is currently under suspended sentence.
【Criminal Facts】
1. Intrusion upon residence;
A. A. On August 15, 2015, around 04:31, 2015, at the front of the house gate of the victim D (the age of 87) of Chuncheon C apartment apartment, the victim was placed, but the victim was not opened but opened the 1st floor beer and entered the 2nd floor, and then infringed upon the victim’s residence by entering the house of the victim.
B. A, around 17, 08:00, a.
In the same way, the above victim's house was invaded into the victim's house.
2. At around 20:00 on September 30, 2015, theft: (a) at the house of the victim F of the said E Apartment East, the victim, who was in a ward, stolen with the victim’s possession of 365 grams 365,240g market value of 11,000 won.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A written statement;
1. Results of the recycling of video CDs;
1. Previous records: Application of the Acts and subordinate statutes to the suspect's previous records and attachment report;
1. Relevant Articles 319(1) and 329 of the Criminal Act and the choice of punishment against the crime; Articles 319(1) and 329 of the Criminal Act; the choice of imprisonment with prison labor;
1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders: Reference to the lowest limit of the sentencing guidelines for larceny for which the sentencing guidelines are set. [The scope of recommending punishment] The defendant who is sentenced not to punishment of types 2 (general larceny) (4 to 10 months) and the mitigation area (4 to 10 months) [special mitigation] of the mitigation area of punishment for general property; the defendant repeats the same crime even though he is under the suspension period of the execution of imprisonment for the same crime; in light of the purpose and method of housing intrusion, the nature of the crime is very poor and the degree of damage is not easy.