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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal record] On April 18, 2017, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Jung-gu District Court on September 1, 2017, and completed the execution of the sentence in the said prison on September 1, 2017.
[Criminal facts]
1. On September 2, 2017, the Defendant attempted to larceny at night buildings: (a) opened a entrance that was not set up in the victim E church building managed by security guards D located in Songpa-gu Seoul, Songpa-gu, Seoul; and (b) intruded into the inside of the church education center.
The defendant found the unconstitutionality of the unconstitutionality in the education center, and attempted to open the unconstitutionality of the unconstitutionality, but the security guard D, who reported CCTV, attempted to restrain the defendant.
2. The Defendant damaged property in coloring the stolen objects at the time and place in paragraph 1, and using one microscope in which the market price, which was the victim’s possession on his/her book, was raised, was damaged by raising awareness that the security guards received a request for return from D, by hand.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Investigation report (inspection of church sites and analysis of CCTV images);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a judgment), investigation report (verification of the date of release from office), and Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 330 (the attempted larceny of intrusion upon a structure at night) of the Criminal Act, Article 366 of the Criminal Act, and choice of imprisonment with prison labor, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Circumstances favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the aggravated punishment for concurrent crimes: The defendant committed the instant crime during the period of repeated crimes, and has the record of having been punished several times for the same kind of crimes;