A defendant shall be punished by imprisonment for four months.

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 18, 2016, around 04:40 on April 18, 2016, the Defendant: (a) committed theft of a structure at night; (b) around 04:40 on April 18, 2016, at “D Et” operated by the victim C in Dongdaemun-gu Seoul; (c) went through a string of the second floor; and (d) intrudes into a storage of a tent; and (d) went into a storage of a single-story alcoholic beverage, the market price of which was owned by the victim, was 57,600 square cans (24 interference) at a total of 57,600 square meters in cloud.

2. On April 23, 2016, the Defendant: (a) invaded upon a structure at night, around 04:40 around April 23, 2016, came to fall under “D Et” as stated in paragraph (1) around April 23, 2016; (b) in such a way as above, the Defendant: (c) intruded into the foregoing liquor warehouse; and (d) stolen the said structure with a 500-ml cans (24 intervention) worth KRW 39,60,00 in total, the market price of the victim C, which was located therein.

3. On April 25, 2016, the Defendant: (a) invaded upon a structure at night, around 03:40 around April 25, 2016, came to fall under “D Et” as indicated in paragraph (1) around 03:40 around April 25, 2016; and (b) stolen a car can with a total of 49,200 square meters of the market price of the victim C, which was the victim’s possession, intruded into the said liquor warehouse by the said method; and (c) stolen it.

Accordingly, the defendant stolen the victim's property amounting to 146,400 won in total by intrusioning on a structure at night over three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 330 of the Criminal Act concerning the crime;

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. 보호 관찰 형법 제 62조의 2 양형이 유 유형 구분 감경 기본 가중 4 침입 절도 8월 ~ 1년 6월 1년 ~ 2년 6월 1년 6월 ~ 4년 양형기준 특별 양형 인자 : 감경요소( 주 겅 외 침입) 권고 형량 : 감경영역 (8 월 ~ 1년 6월) 일반 양형 인자 : 해당 없음 구형 : 징역 4월 선고 형 : 징역 4월/ 집행유예 2년, 보호 관찰 1년 가중 인자 : 침입 절도의 위험성, 피해 미회복 등 감경 인자 : 자백, 손해액이 비교적 소액인 점, 동종 내지...