A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. At night, around 01:00 on June 2, 2013, the Defendant: (a) intruded into the E factory operated by the victim D during Mapo-si; (b) went beyond the fence, and (c) stolen it with 6 Aluminium lighting, etc. with which the market price of the victim’s ownership is unknown.

2. On June 3, 2013, the Defendant attempted to larceny at night buildings: (a) came into a factory operated by the victim D, which is located in G in G on a wooden-si on June 3, 2013; (b) went into a factory beyond the fence to steals, and (c) was cut off using equipment so as to detect a enormous amount of aluminium owned by the victim and facilitate transport thereof; and (d) did not go to an attempted attempt by the police officer called out to the victim’s report while cutting off.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (a point of larceny of a structure at night), Articles 330 (a point of larceny of a structure at night), 342, and 330 (a point of attempted larceny of a structure at night);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Night-time buildings, intrusion and theft;

(a) Determination of types of larceny: Larceny against general property;

B. Determination of the scope of sentence: The lower limit of the scope of sentence is to be mitigated by up to 1/2, since there are at least two persons subject to mitigation, and four months of special mitigation.

1. A year and June (A person who is subject to special mitigation: A person who intrudes into any place other than an indoor residential space and commits special mitigation: A person not subject to punishment)

2. Criteria for handling multiple crimes: Inasmuch as the sentencing criteria are not set for the crimes of larceny at night, reference is limited to the lower limit of the scope of punishment.

3. As to the decision of sentence or suspension of execution, the fact that the defendant recognizes and reflects his mistake, the victim is not wanting to punish the defendant, and the amount of damage is so significant.