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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Power] On March 31, 2010, the Defendant was sentenced to three years and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Eastern District Court, and was sentenced to two years of imprisonment for habitual larceny in the Suwon District Court’s Ansan Branch on August 12, 2015. On November 23, 2018, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., at the Seoul Northern District Court, and completed the execution of the sentence on August 19, 2019.
【Criminal Facts】
At around 13:00 on January 8, 2020, the Defendant entered into a multi-household house where the victim K was living in Gwangjin-gu in Seoul Special Metropolitan City, with a gate opened in front of the multi-household house where the victim K was living, and then destroyed the part of the victim's office glass, destroyed the part of the victim's gate glass, and removed the locking device, and enter the house, and entered into the house, and the locking device was equivalent to the total market value of 2,080,000 won, the victim's market value in the inside and outside of the inside.
As a result, the defendant damaged the victim's property, invaded upon the victim's residence, and was sentenced to imprisonment more than three times due to the theft and was sentenced to a repeated crime, and stolen the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of K;
1. Photographs of the entrance, photographs of the suspect who has destroyed or damaged the entrance, brick photographs used by the suspect when he/she destroys the entrance door, and photographs, such as reflects stolen by the suspect;
1. Previous records of judgment: Criminal history records, investigation reports (reports on the identity of the suspect and attachment of the judgment), application of Acts and subordinate statutes to criminal investigation reports (verification of the date of release of the suspect);
1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, the choice of punishment for a crime
1. The crime of causing property damage and intrusion upon residence under Article 35 of the Criminal Act among repeated crimes.