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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
On September 16, 2010, the Defendant was sentenced to one year and six months in the Ulsan District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and was released on May 25, 2012 in the Solive Prison on parole on the execution of the sentence, and the parole period was expired on June 4, 2012.
On March 16, 2015, at around 01:33, the Defendant: (a) opened a “E” restaurant operated by the victim D in Ulsan-gu, Ulsan-gu; (b) opened a kitchen window in which the victim’s surveillance has not been corrected; and (c) opened a kitchen door inside the restaurant in which the victim’s surveillance has not been corrected; and (d) cut off 124,000 won in cash owned by the victim from the depository in which the victim intruded into the kackter.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. A copy of each CCTV photograph, the current status of the person corresponding to the results of comparison of the Supreme Prosecutors' Office DNA, site photographs, seized articles, photographs, and work log;
1. Previous convictions in judgment: Inquiry reports, investigation reports ( current status of acceptance and confinement by day), application of Acts and subordinate statutes of the judgment;
1. Article 330 of the Criminal Act applicable to the crime;
1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] :