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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On June 5, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. in the Jinwon District Court Jinwon District Court on January 18, 2015 and completed the execution of the sentence.
1. On March 12, 2016, at around 14:00, the Defendant opened a entrance that was not corrected at the victim D’s house located in Hadong-gun, Hanam-gun, Hanam-gun, and intruded on the inside, and then stolen KRW 150,000 in cash, which is the ownership of the said victim, within the wall’s wall.
2. The Defendant, around 11:00 on May 19, 2016, opened a entrance that was not corrected at the house of the Victim F in the Sinnam-gun, Busan-gun, and intruded into the house, and did not commit an attempted act with the wind that is visible to neighboring residents.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to G and H;
1. Written statements of D;
1. Previous convictions in judgment: Investigation reports (formers and bindings of judgments, etc.), references to inquiries, such as criminal history, etc. (A) shall apply;
1. Relevant provisions of the Criminal Act concerning the crime, Article 319(1) of the Criminal Act concerning the selection of punishment (influences upon residence), Article 329 of the Criminal Act (influences), Articles 342 and 329 of the Criminal Act, and Articles 329 (Influences on thiefs) of the Criminal Act, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. In light of the fact that each of the crimes of this case committed again during the period of repeated crime even though the defendant had been punished several times for the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, it is necessary to strictly punish the defendant.
However, considering the circumstances favorable to the defendant, such as the fact that the defendant reflects his criminal act, the amount that the defendant stolen is not a large amount, and some criminal acts are committed, and the defendant deposited KRW 300,000 in order to recover the victim D's damage, etc., the punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant, such as the defendant's age, sexual conduct, etc., and various sentencing conditions as shown in the records of this case and the theory of changes.