야간건조물침입절도
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 11, 2018, the Defendant confirmed that there was no person inside the “D” type of “D” type of the Victim C’s Operation in Mayang-si, Mayang-si, Mayang-si, Mayang-si, and entered and intrudes into the above human-type room by using the gaps in which the surrounding surveillance was neglected, and then entered the storage door in his body and kept in the warehouse inside the warehouse. At around 300,000 the market price of the victim’s possession in the storage room in the storage room was approximately KRW 30,00,000 in the market price of the victim’s possession.
Accordingly, the defendant stolen the victim's property by impairing the victim's structure at night.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. On-site photographs, CCTV images, and closure photographs;
1. A protocol of seizure and a list of seizure;
1. Application of Acts and subordinate statutes to fingerprint appraisal results;
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 [the scope of punishment recommended according to sentencing guidelines] - The mitigated area of Class 4 (Intrusion) for general property (from August 1 to June) - Special mitigated person: (4) where a person intrudes into a place other than indoor residential space (the decision of sentencing) [the decision of sentencing] where a person intrudes into another person's structure at night, and commits a larceny.
However, the attitude of the defendant to recognize and reflect the crime seems to be.
The degree of damage has not been serious and part of the damaged goods has been returned.
Although there are many criminal records of fine due to drinking driving, there are no criminal records of the same kind of crime or fine exceeding the fine.
The sentence shall be determined as ordered in consideration of these circumstances, the age, character, environment, etc. of the defendant and the conditions of sentencing.