야간건조물침입절도등
A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.
When the defendant does not pay the above fine.
Punishment of the crime
[2] On August 14, 2019, at around 22:41, 2019, the Defendant intruded into the kitchen in the form of a restaurant “D” modeled by the victim C located in the Dunju-gun B, and stolen the Defendant with alcohol, coffee, etc. equivalent to the total market value of KRW 77,000, which is owned by the victim, from the cooling house located therein.
[2019 Highest 1860]
1. A thief, around 03:00 on September 5, 2019, the Defendant cut off four large-scale feeds worth KRW 68,000 at the market price of the victim G ownership in a steel-stuff storage box located in the Franju-gun E.
2. Violation of the Road Traffic Act (Unlicensed Driving) provided that the Defendant driven the CIT ICE ACE 100 Obaba, without obtaining a motorcycle driver’s license from the Do in front of the Fmat in the Ethnju-gun of the former North Korean territory, to the Defendant’s dwelling in H in the 8km-gun of the former North Korean territory.
Summary of Evidence
[2019 Highest 1593]
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Photographs of damaged articles (2019 Highest 1860);
1. Defendant's legal statement;
1. Protocol of the police statement concerning G;
1. Application of Acts and subordinate statutes to photographs and reports on internal affairs;
1. Relevant Article 30 of the Criminal Act, the choice of punishment for the crime, Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62 (1) of the Criminal Act;
1. Probation under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of applicable sentences under law: One to fifteen years of imprisonment for one month (the driving without a license shall be set aside separately; the same shall apply hereinafter);
2. Scope of recommended sentences according to the sentencing criteria;
(a) Class 1 thief (at night, determination of types) (the theft of buildings) (the determination of types): thief on general property; thief (Type 4) (the mitigation element of intrusion larceny). Indoor.