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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 12, 2015, the Defendant was sentenced to a suspended sentence of one year on June, 2015 due to the crime of intrusion upon residence and damage to property in the Incheon District Court Branch of the Incheon District Court. On November 20, 2015, the above judgment was finalized on November 20, 2015.
The defendant is currently pending in divorce proceedings with the victim B, and is separate from the victim.
1. On October 8, 2015, around 16:11, 2015, the Defendant: (a) went into the house of the victim who was under the 102 multi-household C Multi-household 102, Seocheon-gu, Seocheon-si; (b) removed the locking device by pushing the door door; and (c) intruded into the victim; and (d) stolen, with one gallon 3 mobile phones and nine head of Tong, the market value of which is equivalent to KRW 800,000.
2. On October 9, 2015, at around 01:00 on October 9, 2015, the Defendant: (a) laid down his hand with the front window above the entrance door by inserting his hand on the victim’s house; (b) intruded into the locker; and (c) duplicating into the locker; and (d) duplicating the wire of the victim’s gradic acid, mountainous and hicker; (b) duplicating; and (c) duplicating and damaging the lacing machine with a private pen on the victim’s photograph.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Each report, each photograph, and each investigation report;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to defendants' legal statements, criminal records, etc. inquiry reports, investigation reports, and criminal investigation reports;
1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for the crime
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) lies in the confession of a criminal act by the defendant, the amount of damage is not so significant, the equity between the case where the defendant was tried at the same time as the previous conviction in the judgment should be considered.