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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On July 25, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny and two years of suspended sentence, and the said judgment became final and conclusive on August 2, 2013. However, on April 4, 2014, the same court was sentenced to six months of imprisonment with prison labor for night intrusion and larceny, and on May 28, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for night intrusion and the said suspended sentence becomes null and void on November 30, 2015, and completed the remaining sentence on December 19, 2015.
At around 04:40 on November 3, 2016, the Defendant: (a) did not go ahead of the Victim D’s house located in Jeju, and (b) did not go into the entrance and visit of the main place of residence without the main place of the main place of the main place of the main place of the main body, and did not go into the main body, and (c) did not go into the main body of the victim who was diving, and did not go into the main body of the main body of the victim, and did not go into the main body of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements, related photographs, 112 reported case handling records, and photographs of the body of the victim's residence;
1. Statement of D police statement;
1. A criminal investigation report (or a victim's rescue structure and hearing report on statements of damage);
1. Previous convictions indicated in judgment: Criminal records, results of confinement of prisoners, reports on the results of confirmation of the previous dispositions, current status of confinement of individuals, and application of Acts and subordinate statutes to report criminal investigations (report on copies of the judgment of the same kind
1. Relevant Articles and 342 of the Criminal Act and the choice of a sentence concerning facts constituting an offense: Articles 342 and 330 of the Criminal Act;
1. Aggravation of repeated crimes: It is decided as per Disposition for the reasons under Article 35 of the Criminal Act;
The reason for sentencing (determined to be lower than the range of the recommended sentencing guidelines): Larceny larceny area (a repeated crime of the same kind): The ordinary circumstances favorable to 1 year and six months-4 years: the circumstances that are disadvantageous to the attempted crime: In addition to the previous records in the judgment, the theft crime is committed on October 26, 2016, including the request for three million won of the Jeju District Prosecutors' Office, such as larceny.