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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On September 14, 2012, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Daejeon District Court on May 27, 2014, and was sentenced to two years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Daejeon District Court on September 13, 2017, and sentenced to two years and two months of imprisonment with prison labor for a indecent act by force, etc. at the Daejeon District Court on September 13, 2017 and completed the execution of the sentence on August 28, 202.
1. On September 15, 2020, the Defendant: (a) around 02:25, on September 15, 2020, opened a cafeteria operated by the victim C in Daejeon Jung-gu, Daejeon on September 15, 2020; and (b) intruded the victim’s cash amounting to KRW 500,000,000 owned by the victim C, and then stolen it.
2. On September 15, 2020, the Defendant, around 23:40 on the same day as the above paragraph (1) of the same Article, opened a window and intruded into a pharmacy operated by the victim F in Daejeon-gu, Daejeon-gu, Daejeon-gu, at around 23:40, and then stolen cash 230,000 won owned by the victim F.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. A protocol concerning the police interrogation of the accused;
1. A written statement in C and F;
1. On-site photographs, investigation reports (specific suspects), investigation reports (reports on re-verification of amounts damaged by victims);
1. As to criminal records, investigation reports (verification of confinement A), one copy of output of personal confinement status, investigation reports (suspect A criminal records and confirmation of repeated crimes), and application of each one of the statutes of the court rulings;
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime committed;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.