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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
On January 8, 2010, the Defendant was sentenced to two years and six months of imprisonment for rape in the Busan District Court, and this judgment became final and conclusive on April 29, 2010, and was reinstated in the Tong-young detention house, and completed the enforcement of the sentence on May 17, 2012.
On March 27, 2015, at around 00:48, the Defendant invaded into a multi-faceted window with an unrecepted window in order to steal the goods, and brought about cash 289,000 won owned by the victim in the calculation unit, in order to bring about the loss of the goods from the multi-faceted window operated by the victim D, which was operated by the victim D, Busan Young-gu, Busan, and then did not commit an attempted crime.
Thus, the defendant had invaded upon another person's structure at night and attempted to steals property.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the accused;
1. Records of statements made with D, investigation reports (offtime theft) and previous records in holding on-site photographs: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of repeated crimes);
1. Articles 342 and 330 of the Criminal Act concerning the facts constituting the crime;
1. The sentence of imprisonment is to be imposed in light of the fact that Article 35 of the Criminal Act provides that a repeated crime is committed during the period of sentencing, and only imprisonment is prescribed by statutory penalty for the attempted larceny of the nighttime structure of this case, and that the defendant has the same criminal history.
Provided, That the amount of damage is minor and the crime is committed in the attempted crime, the fact that the defendant reflects the defendant, the age, environment, health, family relationship, etc. of the defendant shall be considered.