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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On December 12, 2002, the Defendant was sentenced to imprisonment with prison labor for a crime of larceny, etc. in a 10-month branch of the Daejeon District Court, and on July 28, 2006, the Daejeon District Court sentenced six months to imprisonment with prison labor for a crime of larceny, etc. on July 28, 2006, and on November 1, 2016, the Defendant was sentenced to imprisonment with prison labor for a year and two months with prison labor for larceny, etc. on October 30, 2017, and was sentenced to imprisonment with prison labor for a more than three-time period due to larceny, etc. upon completion of the execution of
1. On January 12, 2020, at around 13:50 on January 12, 2020, the Defendant invadedd the victim’s residence in Seo-gu B, Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, and opened a entrance door and intruded the victim’s residence by using the entrance gate keyss located adjacent to the entrance, going beyond the steel fence.
2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed an attempted crime even though he did not find any object while advertising an object to be stolen by entering the victim’s residence, at the same date and place as in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Investigation report (the analysis of CCTV images from the mobile channel of intended persons);
1. Field photographs, etc.;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the same type of force judgment), confirmation of release, and application of Acts and subordinate statutes;
1. Relevant Article of the Criminal Act and Article 319 (1) of the Criminal Act (Influence of Residence and Selection of Imprisonment), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act concerning the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant attempted to commit a theft by intrusion upon the victim's residence, the criminal defendant has a record of criminal punishment several times due to the same crime, the defendant is recognized to commit the crime, and the theft is committed.