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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
On March 25, 2005, the Defendant was sentenced to the suspended sentence of 6 months in the Busan District Court for a special larceny, and 2 years in the Ulsan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on October 11 of the same year. On August 14, 2012, the Defendant was sentenced to 8 months in imprisonment with prison labor from the Incheon District Court for larceny, etc. on March 7, 2013, and completed the execution of the sentence in the original prison on March 7, 2013.
1. On October 4, 2014, around 10:20 on October 4, 2014, the Defendant, entering a residence, opened an open gate in the mind of theft of property, and intrudes on the residence of the victim via windows, when the victim D’s dwelling located in Yangcheon-gu Seoul Metropolitan Government.
2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) found and attempted to steals a wump, which was owned by the victim victim D, by entering the room of the victim D, as described in paragraph (1), and attempted to steal it. However, the Defendant attempted to commit a crime by stating that the victim, who was divingd in another room, was the largest so as to be called “integnition”, was unable to achieve that intention on the wind that the crime was discovered.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each investigation report (including reports on field identification and accompanying pictures of the scene of the case - on-site photographs, crime prevention against the suspect's happiness, and verification of private CCTV image data - CCTV photographs taken on the seat of the suspect);
1. Previous records: References to criminal records and investigation reports (verification of the fact that the suspect is present, and attachment of previous records and written judgments) shall apply to statutes;
1. Article 319 (1) of the Criminal Act applicable to the relevant criminal facts and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment), Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act, Article 35 of the Criminal Act (the point of larceny of repeated crimes,
1. Article 35 of the Criminal Act among repeated crimes (Offense of Intrusion upon Residence)
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation Criminal Act;