야간건조물침입절도
A defendant shall be punished by imprisonment with prison labor for four 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
On November 19, 2017, the Defendant: (a) invadedd the victim C’s warehouse in Gwangju-si, Gwangju-si; and (b) stolen it by citing the “di monthly sets” scheme equivalent to KRW 1,650,000, the victim’s market price.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Notification of a photograph and estimate of damaged articles, and of the department related to the report of 112 case;
1. On-site photographs, CCTV analysis photographs, and comparative photographs of the suspect;
1. Application of statutes on records of seizure and lists of seizure;
1. Article 330 of the Criminal Act concerning the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of the recommended punishment for the sentencing guidelines [the scope of the recommended punishment] shall be limited to the scope of the punishment [the scope of the punishment] for general property, where the area of mitigation (eight months to one year and six months) (the special mitigated person] intrudes into any place other than indoor residential space (the four types);
2. Determination of sentence [Public Prosecutor’s Opinion] 6 months of imprisonment / [Judgment] 4 months of imprisonment, and the case of larceny at night during one year and one year and one year of suspension of execution is a matter that requires strict punishment, traditionally, even if a statutory penalty is imposed.
However, considering the fact that the defendant confessions the defendant, submitted the damaged article to return to the victim, and the value of the damaged article is not so significant, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing guidelines shall be set off by excluding the lower limit of the recommended punishment according to the sentencing guidelines, and the execution of the sentence shall be suspended, taking into account the following factors: the defendant's age, sexual conduct, environment, motive, means and consequence of the crime; and the various sentencing conditions