야간건조물침입절도등
A defendant shall be punished by imprisonment for not more than ten months.
Punishment of the crime
1. On March 11, 2020, around 22:54, the Defendant: (a) intruded at the D restaurant operated by the Victim C, which was operated by the victim C, with an entrance where locking devices are not installed; (b) carried out KRW 300,000,000 in cash owned by the victim and carried out in the settlement unit.
Accordingly, the defendant invadedd the building managed by the victim at night, and stolen the victim's property.
2. Around 06:44 on March 25, 2020, the Defendant: (a) intruded with an entrance where locking devices have not been corrected at the places specified in paragraph (1); (b) obstructed the Defendant’s strawing of the calculating unit’s imprisonment without prison labor and the bell; and (c) obstructed the property to be stolen, but (d) did not return to the Defendant, having failed to correct the locking devices and discover other property.
Accordingly, the defendant invadedd on a structure managed by the victim C, and attempted to steal the victim's property, but did not bring about such intent.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement of C;
1. Investigation report (related to belongings of a suspect);
1. Suspect CCTV photographs;
1. Scenes of CCTV image data, such as the scene of each crime;
1. A report on the results of field identification;
1. The current state of documentary evidence;
1. Application of Acts and subordinate statutes to explain the site of the case
1. Relevant legal provisions concerning facts constituting an offense, and Articles 330 (a) and 319 (1) of the Criminal Act, Article 342 and 329 (a) of the Criminal Act, Articles 34 of the Criminal Act, the choice of punishment for a crime
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. The scope of recommendation [the determination of types of larceny] according to the sentencing guidelines (the determination of types of larceny] [the thief] theft [the 4th category] intrusion theft [the thief] in general property] - mitigated factors: Where intrusion into places other than indoor residential space (the stief in the market was possessed at the time of committing the crime described in paragraph 2 at the time of the commission of the crime described in paragraph 2 at the time of the market, but there were no aggravated factors since it did not possess at the time of committing the crime described in paragraph