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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal records] On September 28, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. at the Daejeon District Court on September 28, 2016 and completed the execution of the sentence at the Daejeon Prison on October 29, 2016.
[2] On January 2, 2018, the Defendant, along with C on January 2, 2018, entered the removal construction site managed by the victim F, located adjacent to the members of the victim E located adjacent to the Daejeon Dong-gu, Daejeon, Daejeon, and loaded the fire-fighting equipment at the level of KRW 100,000,000 in the market price.
As a result, the defendant stolen the property managed by the injured party together with C.
On April 23, 2018, the Defendant: (a) opened and intruded with a entrance that was not corrected in the Tong-gu, Singu, H I Ha, which was managed by the victim G on April 12:23, 2018; and (b) attempted to steal the money from the victim’s in his/her possession; (c) however, the Defendant failed to perform his/her attempted attempt because he/she was equipped with the correction device and failed to do so.
Summary of Evidence
1. Statement by the defendant in court;
1. Previous convictions: 2018 highest 153 persons, by inquiry about criminal history;
1. The F's statement "2018 Highest 1430";
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs and photographs on the scene of damage);
1. Relevant provisions of the Criminal Act concerning the crime, Articles 331(2) and (1) of the Criminal Act concerning the selection of punishment, Article 31(1) of the Criminal Act, Article 319(1) of the Criminal Act, and Article 342 and Article 329 of the Criminal Act concerning the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount are as follows: (a) the Defendant committed the instant crime without being aware of the period of repeated offense; (b) the Defendant’s age, sex and environment; (c) family relationship; and (d) the motive, means, and consequence of the instant crime.