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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On February 15, 2006, the Defendant was sentenced to imprisonment with prison labor for special robbery at Seoul High Court on February 15, 2006 and completed the execution of the sentence on December 25, 2006 at the official prison.
On December 4, 2012, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of the Road Traffic Act at the Seoul Central District Court on December 4, 2012, and the said judgment became final and conclusive on December 12, 2012, and on November 28, 2013, the Seoul High Court sentenced a suspended sentence of one year by imprisonment with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and became final and conclusive on January 29, 2014.
【Criminal Facts】
On August 12, 2009, at around 03:00 to 05:00, the Defendant attempted to steal goods by breaking the e-building parking fee for the building managed by the victim D in Yongsan-gu Seoul, Yongsan-gu, Seoul. At around 03:00 to 05:0, the Defendant attempted to cut the goods by breaking the cresh of the entrance door door, cutting the cresh of the entrance door door door, cutting it into the right blus, cutting it into the blus of the door glass door, cutting it into the blus of the shoulder glass door, and breaking the locking device with the locking device. However, there was no possibility of theft.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. The current status of persons who coincide with the results of comparison between the occurrence site photographs, genetic analysis reports, and DNA;
1. Previous records of judgment: Criminal records, correspondence records, results of the search of prisoners, investigation reports (Attachment to the same type of crime records), each judgment, the number and confinement status of individuals, and the application of Acts and subordinate statutes on confirmed date data;
1. Articles 342 and 331(1) of the Criminal Act applicable to the facts constituting an offense;
1. Article 35 of the Criminal Act among repeated crimes;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the crime of this case is committed in an attempted crime, and the fact that the judgment of this case is to be judged concurrently with the crime for which the judgment of this case becomes final