야간건조물침입절도
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On May 22, 2015, at around 23:37, the Defendant came into a “C” factory located in Seocheon-gu, Seocheon-gu, Seocheon-si B, and invaded the elevator into the above factory located underground by using it, and then stolen approximately KRW 20,000,000 of the market price of the victim D, which was located there.
2. On May 24, 2015, the Defendant: (a) intruded into the factory in the same manner as at the same place as at around 21:56; and (b) stolen, with approximately KRW 200,000,00 of the market price of the victim’s possession, which was located at the same place, putting approximately KRW 20,000,000, breaby scrap.
3. On May 30, 2015, the Defendant: (a) intruded into the factory in the same manner as at around 21:06 at the same place as at paragraph (1); and (b) cut off, with approximately KRW 20,000,00 of the market price of the victim’s possession, which was located there, by means of the same method.
Accordingly, the defendant invadedd a structure at night and stolen the victim's property.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against D;
1. Application of the Acts and subordinate statutes concerning a CCTV image closure photograph;
1. Article 330 of the Criminal Act concerning the facts constituting an offense;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;
3. Determination of the sentence like the order shall be made by taking into account the following facts: (a) a person whose reason for the suspended sentence under Article 62(1) of the Criminal Act does not wish to punish the defendant until the punishment of the defendant is imposed (Evidence No. 9 of Evidence Records); (b) a relatively minor damage is inflicted on the defendant; and (c) a criminal record of a