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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] On April 8, 2016, the Defendant was sentenced to a suspended sentence of three years for a crime of habitual intimidation at the Gangnam Branch of the Chuncheon District Court on August 8, 2016, and on August 8, 2017, the same court was sentenced to eight months of imprisonment for a crime of bodily injury, and the sentence of the suspended sentence was invalidated on January 26, 2018. On November 24, 2018, the Defendant completed the execution of the sentence.
【Criminal Facts】
1. On October 26, 2019, the Defendant: (a) around 23:00 on October 26, 2019, opened a door connected to the victim C’s house located in Gangnam-si, and entered the door to the right toilet that was not corrected; (b) went into the said door; (c) 10 km of rice equivalent to KRW 10,00,000, the market price of the victim’s ownership stored in the small bank, which was KRW 30,000,000, and cut off with 5 km of red molds powder equivalent to KRW 2,00,000,000.
2. On November 3, 2019, the Defendant: (a) around 22:20 on November 3, 2019; (b) opened a first floor door that was not corrected; (c) went into the said door; (d) went into the said building; and (e) went into the said building; and (e) went into the said building and stolen with a 600,000 won of the market price, which is the victim’s possession.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C and E;
1. [In-depth Report (Attachment to On-the-spot), internal investigation report (Attachment to On-the-spot CCTV images, CDs, caps photographs, etc.), - CCTV images-faging photographs] excluded from CDs, excluding investigation reports (on-the-spot CCTV images confirmations for nearby crime prevention) - faging photographs.
1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (reports related to the confirmation of the period of repeated crimes) Acts and subordinate statutes;
1. Article 330 of the Criminal Act applicable to the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Scope of applicable sentences under law: One to thirty years of imprisonment;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Class 1 crime (eventime theft) (a decision of type).