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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
On May 13, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Southern District Court, and the said judgment became final and conclusive on August 18, 2011.
On July 12, 2012, at around 06:00, the Defendant ordered two gallons, etc. in the “Inodes bank” operated by the victim H in North Korea-gu Busan Metropolitan City, Busan Metropolitan City, and did not pay KRW 200,000,000, the Defendant issued one cellular phone gallon, the market value of which is equivalent to KRW 600,000,00, to the victim.
At around 06:20 on the same day, the Defendant opened the instant singtong toilet window on the rooftop of the building adjacent to the said singingto, removed and intruded, and carried out the said mobile phone device in the calculation column.
Accordingly, the defendant intrudes on the victim's structure, and took the object of the victim's right, thereby hindering the victim's exercise of right.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to J police officers;
1. A H statement;
1. Records before judgment: Application of inquiry reports on criminal records, etc., investigation reports (Attachment of a copy of judgment), previous dispositions, and reporting results of confirmation, and Acts and subordinate statutes;
1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 323 of the Criminal Act, and the choice of imprisonment with labor for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;