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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On January 31, 2018, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. and two years of suspended execution on February 8, 2018 at the Seoggu District Court Branch Branch of the Daegu District Court, and the said judgment became final and conclusive on February 8, 2018, and has the same record nine times of probation.
【Criminal Facts】
On March 10, 2019, at around 18:49, the Defendant moved into the D factory operated by the victim C in Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, by taking advantage of the gaps in which surveillance is neglected, and then parked one oxygen cutting machine equivalent to 300,000 won of the market value of the victim in the outdoor workplace in the factory.
Accordingly, the defendant invadedd a structure at night and stolen the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Police seizure records;
1. Application of CCTV photographs, CCTVs for crime prevention, motor vehicle register, closure photographs after sunset time, field photographs, and statutes on photographs of damaged articles;
1. Article 330 of the Criminal Act applicable to the crime;
1. Article 62(1) of the Criminal Code of the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Code (see, e., the following: (a) the Defendant recognized the instant crime; (b) the amount of damage caused by the instant crime is not significant; (c) the victim was returned to an investigative agency; (d) the Defendant was smoothly agreed with the victim; and (e) the Defendant’s detention appears to entail excessive difficulty to his/her dependents); and (c) the Defendant’s health status is relatively relatively inappropriate.
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of applicable sentences under law: One month to ten years of imprisonment;
2. The scope of recommendations according to the sentencing guidelines [decision of types]. Larceny [No. 4] intrusion theft [Special Convict] for general property - mitigated factors: In cases of intrusion into places other than indoor residential space, the recommended area of the source of punishment and the recommended area of the source of punishment.