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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal records] On September 7, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. at the Seoul High Court, and the execution of the sentence was completed on May 7, 2018 at Anyang Prison.
[2018 Highest 2509] On September 10, 2018, the Defendant: (a) opened a 1st floor office of the said church by taking advantage of any cresh in B’C located in Seocheon-si, Seocheon-si, Seocheon-si, the executive secretary, and opened a door; and (b) intruded the building managed by the said victim; and (c) committed theft with approximately KRW 1.7 million in cash owned by the victim, which was kept in custody of the head of the Uwest in the office.
[2018 Highest 2902] On July 24, 2018, at around 04:07, the Defendant invaded into G restaurant operated by the Victim F in Gyeyang-gu Incheon Gyeyang-gu, Incheon, and then stolen cash of KRW 400,000,000, which was owned by the victim on the main embankment, through the unrectal back.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A protocol concerning the examination of the police officers of the accused;
1. Each statement of D and F;
1. Investigative report, data to cut off screen pictures and photographs of the scene of crimes;
1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (the confirmation of the period of repeated crime, judgment stating the criminal records of the suspect's same kind of crime, and attachment of separate indictments);
1. Relevant legal provisions of the Criminal Act, Article 319 (1) of the Criminal Act (a point of intrusion on a structure, choice of imprisonment), Article 329 of the Criminal Act (a point of Section 329, choice of imprisonment), Article 330 of the Criminal Act (a point of larceny of intrusion on a structure at night);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] The reason for sentencing under Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] the mitigated area (from August to one year and six months) (special mitigation) [the person subject to special mitigation] / Where the defendant intrudes into a place other than an indoor residential space (the mitigation) / The defendant of the same kind of repeated crime (aggravated punishment) that does not fall under the aggravation of specific crimes (aggravated punishment)].