야간건조물침입절도등
A defendant shall be punished by imprisonment for four 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
On March 6, 2013, at around 02:00, the Defendant invadedd the wall of the above building C, which was installed on the math of the said building, to a pond installed on the math of the said building, and then stolen the Defendant’s total amount of KRW 500,000,000.
In addition, from around that time to May 6, 2013, the Defendant attempted to steal or steal the victim’s total sum of KRW 607,000,00 from the total sum of six times, as stated in the separate list of crimes, from around that time to around May 6, 2013.
Accordingly, the defendant invadedd a structure at night, thereby cutting down or attempting to steals the victim's property.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement made by the police about D;
1. The E statement;
1. Application of Acts and subordinate statutes, such as photographs and sites of suspects, and photographs of crimes taken by CCTV;
1. Relevant provisions of the Criminal Act concerning facts constituting an offense (the points of larceny of night buildings) and Articles 330 (the points of larceny of night buildings) and 342 and 330 (the points of attempted larceny of night buildings);
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following circumstances favorable to the defendant).
1. The scope of punishment by law: Imprisonment for one month to 15 years; and
2. Scope of recommended sentences according to the sentencing criteria;
(a) Basic crimes and concurrent crimes (determination of types): 4 (Special Larceny)(Special Larceny) mitigated elements for general property: In a case where living-type crime, indoor residential space, and space other than indoor residential space have been invaded (type 4), in a case where no penalty is imposed [decision of the recommended area] Special mitigation area (general person] : In a case of serious reflective punishment [the scope of recommending punishment] to 4 months from 1 year and 6 months; and
(b) Scope of recommendation punishment revised according to the standards for handling multiple crimes: From April to September of imprisonment (Article 1/2 of the upper limit of concurrent crimes No. 1/2 of the upper limit of the basic crime).
3. Determination of sentence: Imprisonment; and