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A defendant shall be punished by imprisonment for not less than one year and six months.
The number Nos. 1 and 2 of the seized list shall be forfeited from the defendant.
Reasons
Punishment of the crime
[Criminal Power] On November 8, 2012, the Defendant was sentenced to a suspended sentence of one year for committing a special larceny at the Seoul East Eastern District Court on one-year imprisonment with prison labor for a crime of attempted larceny, and confirmed on November 16, 2012, and is still under suspended sentence of execution nine times the same criminal records.
【Criminal Facts】
The defendant conspiredd to steal property by intrusion on a house in order to prepare name-free persons, living expenses, etc., and prepared electricity, locks, etc. in advance in order to avoid committing the crime.
1. On July 17, 2013, the Defendant jointly with a person under whose name the name the victim was in the front of the house of the victim D (Inn, 32 years of age) of Seongbuk-gu Seoul building C, Seongbuk-gu, Seoul. On July 10, 2013, the Defendant reported the network from the front of the above house, and the Defendant attempted to steal the property by opening a window on which the gas pipeline was loaded and exposing it into a small room. However, the Defendant did not commit an attempted crime without having the intention to discover and sound the Defendant.
2. On July 10, 2013, the Defendant jointly with a person who was unable to use his name, when in front of the house of Seongbuk-gu Seoul E victim F (year 36). On the front of the above house, the person who was unable to use his name, reported the network on the front side of the above house. The Defendant opened and intruded the screen, opened the window, opened the window on the first floor, and intruded the room on the first floor, installed a room on the second floor, cut off one for male clock in the market value, and cut off one for male clock in the market value.
Accordingly, the defendant habitually stolen another's property.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement made by the police against D or F;
1. Police seizure records;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;
1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331 (2) and 342 of the Criminal Act concerning the crime;
1. Recognity of discretionary mitigation, partial crimes are committed in attempted crimes and their health is good.