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A defendant shall be punished by imprisonment for a term of one year and nine months.
Reasons
Punishment of the crime
On July 25, 2002, the defendant was sentenced to imprisonment with prison labor for night intrusion larceny, etc. at the High Military Court of the Ministry of National Defense on July 25, 2002; eight months from the Seoul Western District Court of the Seoul Western District on September 1, 2004; one year from the imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court of the Seoul Northern District on May 2, 2008; two years from the Seoul Southern Southern District Court of the Seoul Southern District Court on October 8, 2009; and the execution of the sentence was completed in the North Northern Northern District of the Seoul Northern District Court on September 3, 201.
On October 24, 2013, at around 16:00, the Defendant opened the victim’s house located in Dongjak-gu Seoul Metropolitan Government CB02 at the victim’s home, and opened the cresh for the purpose of the crime prevention of window windows in other toilets, intruded into the room, and went into the room, and stolen two gold 2,40,000 won in cash owned by the victim and 400,000 won in market value.
Accordingly, the defendant habitually stolen the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Written statements of D;
1. The results of the comparison of the DDA and the results of inquiry into the identity of the DDA, which is a type of DNA;
1. On-site guidance and on-site photographs;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (attached to the same judgment), and investigation reports (applicable to repeated crimes);
1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc. as stated in the judgment;
1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crimes;
1. In light of the fact that a repeated crime committed several times under Article 35 of the Criminal Act, among repeated crimes, has the record of being punished several times by the crime of the same kind of punishment, the crime of this case is committed again during the period of repeated crime, and the crime of this case is not committed in light of the method of the crime of this case committed by opening the victim's residence and taking into account the fact that the crime of this case is bad, it is inevitable to punish the defendant significantly.
However, the fact that the mistake has been divided is considered in favor of the defendant, and the circumstances are considered.