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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. From around 07:00 on September 3, 2017 to 12:00 on the same day, the Defendant: (a) opened a gate to the container owned by the victim D incheon City from around 07:0 to up to 12:00 on September 3, 2017; (b) opened the gate; and (c) opened the gate to the container owned by the victim D; and (d) opened one son, landowner, and one son, who is in the air conditioners; and (c) opened the gate below the above gate.
Accordingly, the defendant stolen the victim's property.
2. The Defendant damaged property on the ground that the victim’s market price at the same time and place as above is not 2,700,000,000 won large, which is the victim’s own, and thus, damaged the victim’s property by tearing the stolen knife.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation reports (the counter-investigation of victims);
1. Requests for genetic appraisal or response to requests for appraisal;
1. Explanation of photographs, application of Acts and subordinate statutes on site photographs;
1. Relevant Article 329 of the Criminal Act (a point of intention) and Article 366 of the Criminal Act (a point of damage to property) and choice of imprisonment with prison labor for the crime;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) First crime (Scope of recommending punishment) : Two types of larceny for general property (general larceny) (one to one year and six months) basic area (one year and six months) / None of any special sentencing factors);
(b) The scope of the final sentence due to the increase of multiple offenses, for which the basic area (from April to October) (no person subject to special sentencing) of Category 1 (Destruction of Property, etc.) is based on the general standard for the crimes of Category 2 (Destruction of Punishment): June to November 11;
2. Determination of sentence (6 months of imprisonment) that the defendant recognized the crime and mistakenly divided the defendant, etc., and did not restore damage, and disadvantageous circumstances such as the fact that the defendant had been sentenced to imprisonment for the same kind of crime in the past, and that the defendant's health status is not good, and records and changes of this case, such as the defendant's age, sex, motive, means and consequence of the crime, and the circumstances after the crime.