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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On September 2, 2015, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on July 28, 2016 and completed the execution of the sentence.
On May 21, 2017, the Defendant: (a) around 21:00, around 21:00, in Seo-gu, Gwangju metropolitan City, the victim left her port in front on the ground that she was not subject to telephone, thereby damaging the market price of 1.50,00 won of the glass.
Defendant continued to intrude into the front atmosphere of a structure managed by the injured person by using the crepan crepan of glass. Summary of evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Written estimate of damage;
1. Photographs damaged by a glass;
1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of the same type of court rulings, etc.);
1. Relevant Article 366 of the Criminal Act and Article 319 of the Criminal Act (the point of destroying property, the choice of imprisonment) concerning the facts constituting an offense and Article 366 of the Criminal Act (the point of intrusion on a structure and the choice of imprisonment with prison labor);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Application of the sentencing criteria;
(a) Calculation of a recommendation for the crime of damaging property [the scope of a recommendation] general standard, where the area of mitigation (one to six months) (one month), the area of mitigation (including a person who has been specially mitigated), the amount of punishment not (including a serious effort to recover damage), or the amount of considerable damage has been recovered (the person who has been specially increased) and the same type of repeated crime;
(b) At least one month of imprisonment with labor for the application of the standards for handling multiple crimes (the lowest limit of the recommended punishment shall be reflected in the case of the crime of intrusion on buildings, since the sentencing criteria are not set);
2. The Defendant has already been sentenced not only to a fine by repeatedly committing a crime against the same victim, but also to a suspended sentence of imprisonment with prison labor.
In particular, even recently during the period of repeated crime, property damage is committed against the same victim.