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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On August 20, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Ulsan District Court, and completed the execution of the sentence at the Busan District Court on July 3, 2015.
1. On December 18, 2017, the Defendant invadedd the victim’s residence by entering a second floor of the residence of the victim D, located in Ulsan-gu, Ulsan-gu, Seoul-gu, and then having stolen the property, and entering an inner bank and a small room through the window of the living room that was not corrected, and invaded the victim’s residence.
2. The Defendant stolen 1.2 million won in cash and 200,000 won in cash on the wallets, which was located inside the domicile of the said victim D, at the time, at the location of paragraph (1) and at the location of the said victim D, and at the location of the said victim’s residence, at a small room, with cash of 1.4 million won in cash, which was owned by the victim.
Summary of Evidence
1. Part of the defendant's legal statement;
1. Part of each protocol concerning the examination of the suspect against the defendant by the prosecution;
1. A report on the results of field identification;
1. On-site structures and photographs;
1. Statement made by the police against D;
1. Reports on internal investigation (in the face of intrusion upon the suspect’s site and during the period of crime), photographs of the victim’s intrusion on the suspect’s site, 1,2;
1. Reports on internal investigation (the access roads and CCTV investigations before and after a suspect committed a crime), photographs of access roads before and after a crime, and photographs of such access roads to escape;
1. A criminal investigation report (for the day and daily life of a suspect);
1. A copy of investigation report (a copy of forwarding document), and of forwarding document of the case;
1. Report on investigation (E-distance CCTVs and video recording materials on suspect interrogations in violation of the E-distance Spirits), two CDs;
1. A written inquiry, such as a report on investigation (former and confirmed) and criminal history;
1. Investigation report (the telephone conversations of police officers in charge of investigation related to the site of the case and CCTV images);
1. CCTV images of parking lots of the Saemaul Treasury F, and CCTV images before and after crimes;
1. Previous conviction: The defendant and his defense counsel asserts that there is no evidence that the defendant committed the larceny crime as indicated in the judgment, in light of a reply to inquiry, such as criminal history, investigation report (the previous and confirmation), search result of the subject, and the defense counsel's assertion.
However, the following circumstances and circumstances acknowledged by the evidence of the ruling are as follows.