야간건조물침입절도등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 8, 2016, 01:00, the Defendant intruded into the restaurant through the 'E' restaurant operated by the victim D, which was operated by the victim D in Sejong-si, and had been arbitrarily carried out and stolen the cash of 80,000 won owned by the victim, from around that time to December 30, 2016, and committed an attempted theft.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of D, F, G, H, I, J, K, and L;
1. Application of Acts and subordinate statutes to a report on investigation (specific amount of damage);
1. Relevant Articles 330 (a thief by intrusion on a structure at night) and 342 and 330 (a thief by intrusion on a structure at night) of the Criminal Act concerning facts constituting an offense under the relevant provisions of the Criminal Act;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The scope of recommendation and sentence according to the sentencing guidelines for some of the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of the punishment according to the sentencing guidelines for the crimes [the nighttime structure intrusion larceny: the mitigated area of types No. 4 (the theft of intrusion upon general property) (from August to June)] and the following circumstances shall be determined in consideration of the punishment as ordered:
Unfavorable circumstances: The number of days of detention, the age of the defendant, sexual conduct, environment, motive, means and consequence of the crime, the situation after the crime, etc. is committed, such as the fact that the victim has been subject to punishment once a crime of the same kind (6 months of imprisonment, 2 years of suspended execution), the victims have not recovered from damage, and most victims have been punished for the defendant: the fact that the facts of the crime are recognized and reflected, and the amount of damage as a living penalty is not large, and some victims (attached Table 2, 7) are not subject to punishment of the defendant.