야간건조물침입절도
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 5, 2017, at around 05:30 on October 5, 2017, the Defendant: (a) opened an entrance by using the key to the shop in the mail; (b) invaded into the said shop; and (c) stolen the cash in the possession of the victim located in the car transport calculation unit, with a collapse of 50,000 won.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of Acts and subordinate statutes to a criminal investigation report (related to the opening ofCCTV and the attachment of video CDs), investigation report (related to the confirmation of a day-time and the suspicion of crimes);
1. Article 330 of the Criminal Act concerning the crime;
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended punishment] The mitigated area (from August to January 6) of the mitigated area (the special mitigated person] [Article 62(1) of the Act] [Article 62(4)] Where the defendant intrudes into a place other than an indoor residential space [the decision of sentencing] [Article 62(4)] The defendant's intrusion into another's shop at night to commit a theft of goods, and the defendant again commits the crime of this case despite having been punished several times for the same type of crime, is disadvantageous to the defendant.
However, in full view of the following circumstances: (a) the amount of damage caused by the instant crime is a small amount; (b) the Defendant reflects the Defendant; and (c) the Defendant’s age, sex conduct, environment, family relationship, and circumstances after the commission of the instant crime; and (d) the sentence as ordered is imposed.