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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
[criminal power] On November 2, 2007, the Defendant was sentenced to four months of imprisonment with prison labor for night building intrusion larceny, and on July 15, 2009, the Suwon District Court sentenced the Defendant to four months of imprisonment with prison labor for building intrusion and larceny at the Suwon District Court. On December 22, 2010, the Suwon District Court sentenced the Defendant to ten months of imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the sentence at the Suwon District Court on August 23, 201.
【Criminal Facts】
On November 27, 2013, around 17:20 on November 27, 2013, at the victim D located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant destroyed the glass windows installed adjacent to the entrance by an irregular means, and intruded into the house, and put in the house the victim’s market value, which was kept in the front of the door, the amount of KRW 100,000,000,000, in total.
Accordingly, the defendant stolen property by destroying part of the structure at night and impairing the residence of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Damage photographs, etc.;
1. Previous records: Judgment on the assertion by the defense counsel regarding the inquiry report on criminal records, etc. and the personal identification and confinement status;
1. The assertion;
A. The act of entering the place where the instant crime was committed for one’s own interest and had no intention to intrude into the residence, and there was no fact that there was a free window in the process as stated in its reasoning.
B. Under the influence of alcohol, a person has committed a crime under the state of mental disability.
2. Determination
A. According to the evidence duly adopted and examined by this court, the Defendant was aware that the Defendant was well aware of the place where the instant crime was committed, in light of the following: (a) the Defendant’s gate and the gate, etc. was locked at the time of the instant crime, and the Defendant’s entry into the house, as shown in the above evidence.