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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Around 00:00 on April 13, 2016, the Defendant: (a) opened a door that was not corrected at the center for senior citizens in the victim D management of the victim located in the South old-gun C, and intrudes into the door; and (b) removed two copies of the head of the agricultural bank’s deposit account deposited at the center for senior citizens in the victim’s management center located in the West on his/her book.
2. A theft: (a) around April 13, 2016, the Defendant withdrawn KRW 1030,000 in cash owned by the Victim NH Nonghyup Bank, which was kept in the automatic withdrawal machine, from the 365cop of NH Nong-gun, NH Nongng-gun Branch 365, 65, Co., Ltd., Ltd., which was 65, as described in paragraph (1), as if the Defendant had legitimate right to withdraw using the passbook and the password recorded on the back of the passbook; and (b) subsequently, the Defendant stolen the money deposited in the victim NH Nonghyup Bank’
3. At around 06:50 on May 18, 2016, the Defendant: (a) invadedd the victim G operation in Jongno-gu Seoul, Jongno-gu, Seoul; (b) had not been corrected through the entrance door; and (c) had fluenced the victim I in the entrance; and (d) had flucing one color traveler with 100,000 won or more at the market price of 1 million won or more, and one fluctor with cosmetic at the market price of 1,000,000 won.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A written statement of I;
1. Application of Acts and subordinate statutes to a copy of a bankbook and a detailed statement of bank transactions;
1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 329 of the Criminal Act (a thief by intention, choice of imprisonment), and Article 319 (1) (a) of the Criminal Act (a point of intrusion upon residence and a choice of imprisonment with prison labor);
1. A crime of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of recommending punishment / [the scope of recommending punishment] Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes and Article 50 concerning general property / [the scope of punishment] Article 4 of the Act on the Aggravated Punishment of Crimes (the Special Mitigation from April to January 1), where a person intrudes into a place other than a living type, an indoor residential space (the scope of recommending punishment / [the scope of recommendation] Article 2 of the Act on the Aggravated Punishment of Specific Crimes