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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On November 8, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on November 8, 2012, and completed the execution of the sentence in the previous prison on December 26, 2013.
【Criminal Facts】
At around 01:57 on May 25, 2014, the Defendant: (a) discovered that the business of the “E” restaurant operated by the victim D in Pakistan in Pakistan was completed, and was removed; (b) opened a gas pipe installed on the restaurant wall by moving the building behind the building; (c) opened a window on approximately 3.64 meters away from the ground and entered the kitchen, but did not commit an attempted crime, but was discovered to the victim, who was diving in the cafeteria, and was able to do so.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's protocol of examination of the accused;
1. Statement made to D by the police;
1. All on-site photographs;
1. Previous records: Application of criminal records, references to criminal records, the number and confinement status of each individual, investigation reports, and Acts and subordinate statutes (Attachment to the judgments of the same kind of defendant);
1. Articles 342 and 330 of the Criminal Act applicable to the crimes;
1. The reason for sentencing under Article 35 of the Criminal Act for a repeated crime [Scope of Recommendation Punishment]: The sentence is inevitable in light of the fact that the defendant was committed the crime of this case even though he was committed a repeated crime, since he was sentenced to imprisonment with prison labor for the same and similar force as the same kind of punishment and was not long after he was released from the office.
However, the crime of this case does not seem to have a large degree of damage due to attempted crimes, and was not planned crimes, and the defendant wishes to repent his mistake in depth and live a happy life once again in this court, and the age, education level, and economic situation of the defendant.