야간건조물침입절도등
A defendant shall be punished by imprisonment for one year.
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
1. On July 4, 2018, the Defendant attempted to larceny or steal a total of 700,500,000 won of cash and articles owned by the victims at night during the night period from around 12 times to July 31, 2018, after entering the fence of the “E” restaurant managed by the victim D in Daegu-gu Office C, Daegu-gu, and intrusion into the inside through a door connected to the kitchen, and having 50,000 won of cash owned by the victim, which is located in the location of the Kater simplified, and having them stolen, as indicated in the list of crimes in the separate sheet of crimes, during the night period from around 20:0 to around 31, 2018. However, the Defendant attempted to steal or steal cash and articles owned by the victims at night, which amount to 700,500 won of cash and articles owned by the victims.
2. On July 29, 2018, the Defendant intruded into a restaurant through a window opened to steal cash in a “H” restaurant managed by the victim G in Daegu-gu, Daegu-gu, on July 29, 2018, and carried 50,000 won in cash owned by the victim in a simple safe.
Accordingly, the defendant invadedd on a structure managed by the victim, and stolen the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Each police statement made with respect to I, J, K, L, M, or N;
1. Each statement of N, G, D,O, P, and K;
1. Application of the Act and subordinate statutes to confirm the scene of the crime, the scene of the crime, the report on the results of field identification, the photograph of the suspect, and the site photograph of the suspect;
1. Relevant provisions of the Criminal Act and Articles 330 (a thief by intrusion on a structure at night), 342, 330 (a Attempted Crime) of the Criminal Act, Article 319 (1) of the Criminal Act (a point of intrusion on a structure at night, choice of imprisonment), Article 329 (a) of the Criminal Act, and Article 329 (a) of the Criminal Act for the selection of punishment for the crime;
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 community service order under Article 62-2 of the Criminal Act