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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On February 2, 2013, at around 13:30, the Defendant: (a) infringed upon the victim D’s house located in Hasan-si, the date in which it was last 13:0; (b) infringed upon the opening entrance to the multi-use room; and (c) cut off with property equivalent to the total of 75,000,000 won in the market price adjacent to the boiler room, including 50,000,000, and 75,000,000,000 won in the market price adjacent to the boiler room.
2. At around 17:00 on April 8, 2013, the Defendant: (a) intruded the victim’s house into the boiler; (b) 4 iron bars set up in the boiler room; and (c) she attempted to leave the boiler; and (d) she was discovered from the victim D and escaped to the victim D; (b) the Defendant discovered the victim E (the son, 21 years old), who was found in the house of the victim D; and (c) assaulted the victim E, who was found in the house of the victim D, to avoid escape, by breaking the Defendant’s hacka; and (d) assaulted both shoulders of the victim E for the purpose of evading arrest.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to E and D;
1. Application of investigation reports (in the absence of seizure of the damaged article), site photographs, investigation reports (in the field photographs), site photographs, investigation reports (in the case of the victim E), investigation reports (in the case of the degree of damage inflicted by the victim E), and photographs of the victim under statutes;
1. Relevant legal provisions concerning criminal facts, Articles 355 and 333 of the Criminal Act (a quasi-Robbery) concerning the choice of punishment, Article 319 (1) of the Criminal Act (a point of intrusion upon residence, choice of imprisonment with prison labor), Article 329 of the Criminal Act (a point of intention, choice of imprisonment with prison labor)
1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the scope of adding up the long-term punishment for each of the crimes with the largest aggravated punishment);
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62(1) of the Criminal Act (the following sentencing grounds have been repeated.