야간건조물침입절도
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 05:20 on March 6, 2015, the Defendant: (a) opened and intruded “Emart” stores operated by the victim D, the right line C and the first floor of Suwon-si; and (b) cut off, with 104 pieces of tobacco equivalent to the sum of 468,00 won of the market price, which is the victim’s possession of the inside cigarette, 4,500 won.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Article 330 of the Criminal Act applicable to the crime;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act for general property shall be sentenced as the disposition in consideration of the following factors: (a) the special mitigation area (4 to 1 year and 6 months) (special mitigation area); (b) the special mitigation area (4) the offender intrudes into places other than indoor residential space (4); (c) the accused has the history of having been punished for the same kind of crime; (d) the amount of damage is not large; (d) the damaged items are temporarily returned; (e) the injured party is the Defendant’s wife; (e) the accused is aware of his mistake; and (e) the