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A defendant shall be punished by imprisonment for one year.
Seized evidence 1 or 2 shall be confiscated from the accused.
Reasons
Punishment of the crime
On December 27, 2013, the Defendant sentenced 10 months to imprisonment for an attempted larceny at night in the application of the Gwangju District Court's Mancheon Branch on December 27, 2013, and completed the execution of the sentence in the Gwangju Prison on September 24, 2014.
Criminal facts
1. On July 7, 2015, the Defendant attempted to larceny at night, around 01:40, when he resides in the house where the victim D ( South Korea, 31 years of age) was living, he gets worn of a string wall prepared in advance and entered the house above the fence of the said house, and he again went out of the house through the window without thefting property, while opening a window on which the 2nd floor is not corrected through the stairs and printing the property that can be stolen by entering the room.
Accordingly, the defendant attempted to steals property by intrusion upon another person's residence at night.
2. The Defendant causing property damage, like the statement in Paragraph 1, went away from D’s house to the first floor, and went out from D’s house to the first floor, but it was discovered to police officers called out upon receiving a report of intrusion, and coming out through the next rooftop, and went away through the victim E (Nam, 46 years old) who was parked next to a house, and turned out to the front line of the Fone Star Sheet owned by the victim E (Wone Star and 46 years old).
Accordingly, the defendant damaged the victim's above Lone Star Co., Ltd. to repair costs equivalent to the amount of non-payment.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. On the spot and the vehicle damaged, photographic or investigative report (the photograph of seized articles produced therein), - Photographs; and
1. Seizure records;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of a suspect and attachment of judgment, etc.); application of Acts and subordinate statutes to the number and confinement status of each individual;
1. Relevant legal provisions concerning facts constituting an offense, Articles 342 and 330 ( point of attempted larceny at night), Article 366 ( point of Destruction and Damage of Property) of the Criminal Act, and choice of imprisonment with prison labor;
1. Aggravation for repeated crimes;