야간건조물침입절도
A defendant shall be punished by imprisonment for four 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
At around 19:30 on February 11, 201, the Defendant: (a) intruded into the F factory of Jinju-si operated by the Victim E; and (b) stolen it with a curma of 100,000 won at the market price of the victim’s possession.
Summary of Evidence
1. Each legal statement of witness E and G;
1. Photographs of the damaged area and photographs of the damaged area;
1. Application of Acts and subordinate statutes to a report on investigation (investigation of hours of crime and the ratio of name of the crime);
1. Article 330 of the Criminal Act applicable to the crime;
1. The grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., the circumstances in which the reasons for sentencing are indicated below) are as follows: (a) the defendant intrudes into the victim’s factory at night; and (b) the scope of sentencing recommended according to the sentencing guidelines by cutting down the above flag.
Defendant’s assertion that there was no intention of larceny as follows does not recognize any error. However, considering the fact that there was no previous thief for the Defendant, the Defendant did not have any previous thief, the amount of damage was minor and the Defendant returned the flag to recover damage, and the Defendant did not receive nine million won out of the purchase price of the said Furma 10S CNC group, the scope of the above recommendation sentence is deemed to have been excessive, and thus, the same sentence as the order exceeding the lower limit is determined and decided.
The defendant and defense counsel's assertion are asserted as follows, and there is no intention to larceny.
① Since G was aware of the Defendant’s transfer of Furma 10S CNC’s ownership to the victim’s factory at its original place, G was in accordance with G, thereby requesting G to allow the use of the said vessel, thereby allowing that Defendant’s use of the said vessel.
② However, around July 2010, the Defendant, who was aware of the use of the above line by a victim other than G, concluded a verbal agreement with the victim to lease the above line to the victim.
(3) The defendant fails to pay the rent that the victim promises thereafter, thereby, shall be liable to pay.