야간건조물침입절도미수등
A defendant shall be punished by imprisonment for six 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
[Criminal Records] On August 5, 2017, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for interference with business in the Incheon District Court’s Branch Branch.
9.2. The judgment became final and conclusive.
[Criminal facts]
1. On July 22, 2017, around 18:06, the Defendant: (a) intruded into a structure; (b) went into the body of “D” managed by the Victim C located in Seo-gu Incheon, Seo-gu; (c) went into the bottom of the corrected steel text; and (d) stolen approximately 5 kilograms of the copper lines equivalent to KRW 30,000 at the market price, which is owned by the victim; and (c) loaded approximately 30,000 kilograms of the old lines into the undeveloped finger.
2. On July 23, 2017, the Defendant: (a) intruded into “D” at the same place as indicated in paragraph (1) at around 22:15, in a manner same as in the same manner; and (b) deduct one bicycle at the market price, which is not owned by the victim from the metal under a steel door.
In addition, the emergency level was operated while trying to do so, and it was attempted to do so.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A criminal report (related to calculating the amount of damage);
1. Two on-site photographs, CDs;
1. Previous records: The application of Acts and subordinate statutes to criminal investigation reports (report of confirmation of final judgment);
1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 330 (the attempted larceny of intrusion on a structure at night), 329 (the intention of Section 329) of the Criminal Act, and Article 319 (1) of the Criminal Act (the point of intrusion on a structure, the choice of imprisonment with prison labor) of the same Act;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same 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 stay of execution (The following sentencing shall be taken into account, etc.):
1. The sentencing guidelines do not apply to ex post facto concurrent crimes with the reasons for sentencing Article 62-2 of the Criminal Act on the observation of protection and observation.
Although the victim has not been agreed with the victim and several criminal records of the same kind, the defendant is against himself/herself, the degree of damage is minor, and the punishment like the order shall be determined in consideration of equity in the case of judgment concurrently with the crime for which judgment has become final and conclusive.