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A defendant shall be punished by imprisonment for not less than nine months.
Reasons
Punishment of the crime
[criminal history] On November 17, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor due to intrusion on a structure at night at Jeju District Court, theft, etc., and completed the execution of the sentence in the Heung prison on July 27, 2015.
[Criminal facts] On September 3, 2015, at around 03:30 on September 3, 2015, the Defendant: (a) invaded into the victim D’s residence located in Jeju City via an unrectable gate; and (b) stolen the Defendant’s clothes with four panty 11 panty 11, and the market value of female 200,000 won in total.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements prepared by D;
1. Relevant photographs;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (the confirmation of the date on which the final term of punishment expires);
1. Relevant legal provisions concerning criminal facts: Article 330 of the Criminal Act;
1. Aggravation of repeated crimes: The sentencing criteria and other circumstances specified in Article 35 of the Criminal Act shall be determined as ordered by taking into account all of the following factors:
The circumstances that are advantageous to the crime: (a) the facts of the crime are recognized and reflected; (b) the amount of damage is not significant: One time of fine for the same crime; (c) the fact that there has been two times of punishment by imprisonment with prison labor for the same crime; and (d) the defendant again committed the crime of this case during the period of repeated crime for which long has not yet passed after release; and (c) the fact that the medical records, such as the existence of alcohol and depression, might have influenced the crime of this case; (d) the circumstances after the crime of this case; (e) family relation [the range of recommended punishment] [the range of recommended punishment] family relation [one year and six months] with the aggravated area (one year and six years of theft) of the fourth category of punishment (a special aggravated person] [decision of punishment] of the same repeated crime that does not fall under special (a) [decision of sentence] of the same kind of crime that is not invaded by the defendant; and (e) the defendant promptly intruded into the house and brought about things for construction before two times or more similar crimes.