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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
On January 31, 2019, the defendant of criminal records was sentenced to imprisonment with prison labor for one year for night buildings, intrusion of buildings, larceny, etc. in the support of the Daejeon District Court on the Incheon District Court on January 31, 201 and is still under probation.
Criminal facts
1. On July 12, 2019, at around 03:53, the Defendant: (a) opened a corrective entrance at the “D” Corrogate operated by the victim C in the second floor of Pyeongtaek-si B building; (b) intruded into the dracker with a dracker prepared in advance to fill the dracker crepans installed therein; and (c) destroyed the dracker with a cash of KRW 2,00,000,000 owned by the victim under custody.
2. On July 19, 2019, at around 05:02, the Defendant: (a) opened a corrective entrance and intruded into a dracker installed in the drack exchange crepit; (b) removed and destroyed the dracker prepared in advance in the dracker crepit; and (c) stolen the cash, which is one of the victims owned by the victim while in custody, with approximately KRW 50,00,000,000.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the respective laws and regulations of C and F;
1. Article 330 of the Criminal Act applicable to the crime;
1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act committed a second offense during the period of suspension of execution due to the same kind of crime, and the statutory punishment for night building intrusion larceny and larceny is prescribed only by imprisonment, and it is inevitable to sentence the defendant as a
However, the defendant shall be sentenced to punishment in consideration of favorable circumstances, such as the confession and reflect of the crime of this case, and the fact that the victims do not have any punishment for the defendant by mutual consent with the victims.