야간건조물침입절도
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On June 3, 2018, the Defendant invadedd on the first floor of a newly constructed building consisting of columns and a ceiling at the construction site near Seo-gu Daejeon, Seo-gu, Daejeon, at around 03:15, and then, the Defendant loaded the victim D’s work on the day and completed the construction work on the day, and loaded the victim D with one of the compact stacks with the market price equivalent to KRW 400,000,000 and one of the pressure transmission units equivalent to KRW 500,000,000 in the market price on the part of the Defendant’s E.
Accordingly, the defendant stolen the property owned by the victim with a total amount of KRW 900,000,000 in the market price by intrusion on the structure that is guarded by others at night.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Application of CCTV image photograph Acts and subordinate statutes;
1. Article 330 of the Criminal Act concerning the crime;
1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] thief for general property thief for the theft area (4 months to 1 year and 6 months) / [the special mitigated person] living-type crime, punishment nonwon (the decision of sentencing] which intrudes another person's structure at night, and steals it is a crime of high risk and criticism.
In addition, the crime of this case was repeated even though the punishment of the fine was imposed due to larceny.
However, the execution of imprisonment is suspended in consideration of favorable circumstances, such as the fact that the defendant appears to reflect, that all the damaged things were returned to the victim, that the family members, such as the wife, wanting to support the defendant's prior domicile, that is, the parent of the first degree of brain 1, and that support the wife and his wife, etc., and other circumstances shown in the records and arguments, including the defendant's age, environment, details and motive of the crime, and the circumstances after the crime, etc., shall be determined as ordered by the text.