야간방실침입절도
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 9, 2018, at around 23:29, the Defendant: (a) intruded the gap of the victim C, who is a multiple employee, in the E Multisection located in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do; (b) intruded the victim’s cash owned by the victim, which was kept in his/her jurisdiction, into the said multisection; and (c) took a theft of the victim’s cash equivalent to KRW 200,000,000 at the market price of KRW 40,000,000,000,000,000,000,000,000 won, such as KRW 20,000,000,000,000,000,000 won, and KRW 3,00,000,000,000,000,000,00,00 won.
Accordingly, the defendant abused the victim's property by intrusion into the room possessed by the victim at night.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. Each investigation report (the sequence 2, 4 of the evidence list);
1. Application of seizure records and statutes concerning the list of seizure;
1. Article 330 of the Criminal Act concerning the crime;
2. Article 62 (1) of the Criminal Act on the suspension of execution;
3. The community service order under Article 62-2 of the Criminal Act;
4. Article 25 (3) 3 and Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (the scope of liability for compensation of the defendant is unclear and thus it is not reasonable to issue an order for compensation.
3) Determination as to the Defendant’s defense counsel
1. Although the Defendant, at the time of the instant case, brought one of the bags for postmortem travel, the Defendant did not bring the remainder of the facts charged.
B. Because the defendant brought about the above one of them later, the defendant did not have any intention to acquire the theft or to acquire it illegally.
2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendant stolen the victim’s damaged articles as stated in the instant facts charged.