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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 October 11, 2013, the Defendant was sentenced to a suspended sentence of one year and six months in Seoul Western District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On August 22, 2014, the Defendant was sentenced to one year and one year of imprisonment with prison labor at the Suwon District Court for the same crime, etc. on August 22, 2014 during the grace period, and the said sentence became final and conclusive on November 4, 2014, and the sentence of the suspended sentence became void. On July 6, 2016, the Seoul Western District Court completed the execution of the final sentence.
Criminal facts
On December 10, 2016, at around 14:03, the Defendant came to the Victim F house located in Gwangju-si, Gwangju-si, and entered the victim’s outer crehion to open and open a bezzle window without locking. After having opened and opened it, the Defendant took 1,50,000 won in cash, which is the victim’s possession in the balpule.
Accordingly, the defendant invadedd the residence of the victim and stolen the victim's property habitually.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Investigation report (application for tracking and seizing the mobile channel);
1. Previous convictions as indicated in the judgment: Inquiry about criminal history, investigation reports (the same type of force), investigation reports (verification of the facts of confinement), and reporting on the results of previous convictions that have not been taken;
1. Habitualness of the judgment: Recognition of dampness (it is not deemed that the defendant is a person with a disability with intellectual disability 3 but it lacks the ability to discern things or make decisions in light of the method of the crime of this case, the place where the stolen money was used, the attitude in this court, etc.) in light of the fact that each crime committed, the method of the crime (the theft of property by intrusion upon another person's residence), and the same type of crime committed several times systematically and systematically, etc. as indicated in the judgment;
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Articles 332, 329 of the Criminal Act (Habitual larceny) and Article 319 of the Criminal Act (1) and the choice of imprisonment with prison labor, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Application of the sentencing criteria;