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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[Criminal Power] On July 8, 2010, the Defendant sentenced five months to imprisonment for attempted larceny and intrusion upon a building; ten months to imprisonment for larceny and intrusion upon a house at the Daegu District Court on May 17, 201; on August 14, 2013, the Busan District Court sentenced ten months to imprisonment for attempted larceny; and on September 4, 2014, one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daegu District Court on December 25, 2015.
【Criminal Facts】
On December 31, 2015, around 19:00, the suspect was in front of the victim D's residence in Daegu Dong-gu C2-gu, Daegu-gu, about 19:00, in front of the residence of the victim D, two crime prevention windows were removed by hand, and entered in the house through the gaps, and then the suspect was stolen with 1.5k gold 2 points and 1.5 million won of the market price owned by the victim in Ansan-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. A report on the results of field inspections;
1. A gene appraisal report;
1. Each investigation report (the confirmation investigation at the intervals of the crime prevention room, the re-verification at the intervals of the crime prevention window, the relation to the re-control, etc., and the explanation of evidence related to
1. Before judgment: Criminal records, results of the search of prisoners, and application of Acts and subordinate statutes of a report on criminal investigation (Attachment, etc. of details of inquiry into criminal records);
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;
1. In light of Article 35 of the Criminal Act’s circumstances unfavorable to the sentencing of repeated crime: The Defendant, even though having been sentenced to imprisonment not less than three times for the same crime, was released from prison, and again committed each of the instant crimes only once a week after being released from prison.
The defendant is against the principle of good faith.
In addition, the sentencing conditions specified in the trial process of this case, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered.