A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On April 13, 2017, around 03:07, the Defendant infringed upon the victim’s residence by removing the unexpected toilet window from the above window, and thereby infringed on the victim’s residence. In light of the above, the Defendant was in the vicinity of the victim D (n, 27 years of age) located in the building C located in Gwanak-gu, Seoul Special Metropolitan City.

2. At night, around April 13, 2017, the Defendant: (a) intruded the method of the victim; (b) opened a entrance; and (c) opened the door out of the building; and (d) intruded into the said method via the said entrance, which was opened from the victim’s room, with the intent to steal the object from the victim; and (b) stolen the victim’s wall, 180,000 won, which was owned by the victim.

3. Around April 13, 2017, the Defendant who intrudes upon a house: (a) taken the victim’s bags out of the building; (b) taken off cash of KRW 180,00 from the victim’s wall located on the said bank; and (c) went back to the victim’s residence through the above entrance, which was opened to see the victim, and then intrudes on the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records, list of seizure, and photographs of seized articles;

1. Application of the Acts and subordinate statutes to a criminal investigation report (the investigation of CCTV at the scene of a crime, and the leakage of CCTV images);

1. Relevant Article 330 of the Criminal Act and Article 319 of the Criminal Act (a thief for intrusion upon residence at night) concerning facts constituting an offense (a point of intrusion upon each residence and a choice of each imprisonment with prison labor);

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended punishment [the scope of the recommended punishment] on the basis of the sentencing criteria, the basic area (one year to two years) of the types of larceny for general property; and

2. The crime of this case committed by intrusion upon another person’s residence at night, theft, and intrusion at the same place is not good.