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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On September 27, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) or for an intrusion upon residence at night at the Busan District Court on September 27, 2013 and completed the execution of the sentence at Busan Correctional Institution on December 6, 2015.
1. On April 12, 2016, around 16:35, the Defendant intruded the victim D’s residence located in Busan Dongdong-gu, Busan, with the idea of theft of property, and taken away the stolen things from the house, and did not discover any money and valuables, the Defendant was shot off the entrance door several times, and attempted to escape from the kitchen.
2. On April 12, 2016, at around 19:00, the Defendant was collected from the Victim F in Busan Dong-gu, Busan, to steals food, and the Defendant intruded on the ma in excess of the house gate in order to steals food, but the Defendant went beyond the house gate, and did not commit an attempted crime because the Defendant was discovered to the victim from the luculous sound in the “luculous sound”, which was the Defendant, and did not go beyond the luculed
Summary of Evidence
1. Statement by the defendant in court;
1. Statement by the police of each victims;
1. Report on investigation (verification of the time of crimes);
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the date on which the execution of punishment is completed) statute;
1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Articles 342, 329 (the point of attempted larceny and the choice of imprisonment) of the Criminal Act concerning the crime, and Articles 342 and 330 (the point of attempted larceny at night) of the Criminal Act;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is committed by the defendant without being aware of the defendant during the same repeated crime period, and at the same time, the defendant attempted to steals property by impairing the victim's residence, and the crime is serious.
However, the fact that the defendant is against the defendant, the theft crime is committed against the attempted crime, and the age, sex, environment, and crime of the defendant is committed.