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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 July 19, 2007, the Defendant was sentenced to a suspended sentence of six months by committing a special larceny at the Seoul Central District Court on February 5, 2009, by a special larceny at the Incheon District Court on October 29, 2009, by the same court on August 20, 2010, by committing a attempted larceny at the same court on August 20, 201, and by a special larceny at the same court on August 31, 201, and was sentenced to a suspended sentence of six months by committing a attempted larceny.
【Criminal Facts of Crimes】 On January 16, 2013, at around 03:04, the Defendant opened a toilet window operated by the victim D in Chuncheon-si, and intruded into the said practice hall, and carried out a safe with cash of 200,000 won and tax-related documents, which are the victim’s possession on the said place.
Accordingly, the defendant habitually intruded a structure at night and stolen another's property.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements prepared in D;
1. Report on investigation (the result of fingerprinting questions);
1. A survey report (related toCCTV analysis);
1. Previous convictions: Inquiry into criminal and investigation records, copies of written judgments, and investigation reports (Attachment of written opinions);
1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing the habition of larceny in light of the fact that each crime history, method of crime and the same kind of crime are repeated several times in the judgment;
1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act on the Punishment, etc. of Specific Crimes (Overallly, Selection of Imprisonment) concerning criminal facts;
1. The defendant committed the crime of this case repeatedly without being aware of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation was in the period of suspension of execution due to the same kind of crime, and in light of the records of each crime of the judgment, etc.