However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On August 2, 2015, at around 02:00, the Defendant came to the house of the victim C in Geumcheon-gu Seoul Metropolitan Government, and came to fall into the house of the victim C through a locked gate, and came to fall into the 2nd floor corridor building unit, which was owned by the victim.

Accordingly, the defendant stolen the property owned by the victim by intrusion upon the residence of a person at night.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary report;

1. Investigation report (on-site search and refusal of statements by victims);

1. Night thief products;

1. Application of statutes on site photographs;

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Eight months to one year and six months from the date of imprisonment on the sentencing guidelines (the case of intrusion upon places, other than indoor residential spaces)

2. The Defendant, who was sentenced to sentence, committed the instant crime even though he had the record of being punished for the same kind of crime in the past, and did not reach an agreement with the victim.

However, in consideration of the fact that the defendant repents his wrong, the damaged goods are relatively minor, the damaged goods are recovered due to their return, there are no other criminal records other than one fine and one suspended execution, and there is no particular criminal record during the last ten years, the punishment shall be determined like the order, beyond the scope of the recommended sentence on the sentencing guidelines, in consideration of the fact that there is no specific criminal record during the last ten years.