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A defendant shall be punished by imprisonment for not less than three months.
Reasons
On October 11, 2019, the Defendant had been sentenced to six months of imprisonment with prison labor for larceny of any structure at night at the Suwon Giwon, and completed the execution of the sentence in the Giju prison on December 16, 2019.
Punishment of the crime
1. On August 21, 2020, the Defendant: (a) around 05:32 on August 21, 2020, at night, was in the residence of the victim C in Suwon-si B, Suwon-si; (b) opened a string door door, which was not corrected by a cresh in which the surrounding surveillance was neglected; and (c) intruded into the door; and (d) opened a string door, which is the market price of the victim’s ownership located in the string, the Defendant had a 100,000 won of verification color movement.
Accordingly, the defendant invadedd the victim's residence at night and stolen the property.
2. On August 21, 2020, the Defendant infringed upon a residence: (a) opened a studio that was not corrected on the premise of theft; (b) opened a studio in the house of Suwon-si D and the victim F; and (c) invaded upon the victim’s residence.
3. The Defendant, at the same time and place as the above 2 paragraph, has a thieficule with a white height equivalent to KRW 100,000 at the market price of the victim F, who was placed on the new site at the same time and place as above 10,000 at the market price, and a thieficule with a verification color equivalent to KRW 10,000 at the market price.
Accordingly, the defendant stolen the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site CCTV reporting (on-site CCTV verification) on police seizure records in F and C, and verification of the time of withdrawal from the police report (verification of additional crimes by suspects);
1. Previous convictions: Inquiry about criminal history and application of the Acts and subordinate statutes certifying confinement of suspects;
1. Relevant provisions of the Criminal Act and Articles 330 (a thief for intrusion upon residence at night), 329 (a thief for intrusion), and 319 (1) (a point for intrusion upon residence and choice of imprisonment) of the Criminal Act concerning the crime;
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. Scope of punishment by law: Imprisonment with labor for one month to nine years;
2. Scope of the recommended sentences according to the sentencing criteria;
(a) Type 1 crime (thief) (a decision).