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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On April 26, 201, the Defendant was sentenced to three years by the Seoul Western District Court to imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the said sentence in the original prison on February 6, 2014.
[Criminal Facts]
1. A person who attempted theft against the victim C, and intrusion upon his/her residence on October 11, 2015: (a) around 08:50, the Defendant: (b) opened the victim’s E-Ba C-12 residing in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with his/her intention to steals property; (c) discovered the victim who was in an inner cover of the stolen property, but was in an attempt to escape from the inner cover; (d) discovered the victim who was in an inner cover of the stolen property; and (e) did not commit such act.
Accordingly, the defendant invadeds on the victim's residence, and tried to steals the victim's property, but did not bring about the intent and did not commit the attempted crime.
2. On October 11, 2015, around 09:20 on October 11, 2015, the Defendant: (a) entered the victim F residing in Seodaemun-gu Seoul Metropolitan Government, into a public stairs through the entrance door, opened the victim’s window to the 4th floor; (b) opened the victim’s window to the 15:45 on the same day; (c) discovered that the victim’s window was corrected after going up to the 4th floor of the above public announcement in order to open the victim’s window after going up to the 4th floor; and (d) invaded the victim’s residence on two occasions, such as escape.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement with respect to C and F;
1. Previous Records: The defendant's assertion that the responsibility should be mitigated because he/she is not physically and mentally weak in reply to inquiry, such as criminal history, personal identification and acceptance status, is recognized as a disabled person of Grade III intellectual disability, but in light of the defendant's occupation, investigation process, and the defendant's attitude of statement and statement in this court, at the time of each of the crimes of this case, the defendant will change things due to the above disability.