Text
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.
Reasons
Punishment of the crime
On May 24, 2013, at around 00:10 on May 24, 2013, the Defendant: (a) laid down on the first floor parking lot of the building B in the Gumi-si, Seoul; (b) opened a building gas pipe, opened a bend window of the benda, which was not corrected under 205, and intruded into the building, thereby resulting in the Defendant’s 15,000 green tyrts equivalent to the market price of the victim D(22 years of age) owned by the 15,000 won.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement of E and D;
1. Application of the entire floor plan, photographs of building B, vehicles and suspect photographs of building B;
1. Article 330 of the Criminal Act applicable to the crime;
1. Article 62 (1) of the Criminal Act;
1. The defendant's assertion on probation and community service order Article 62-2 of the Criminal Act asserts that the defendant committed the crime of this case under the influence of alcohol. Thus, the defendant's assertion on mental and physical disability can be deemed to have committed the crime of this case. According to the records, the defendant's drinking at the time of the crime can be acknowledged. However, in light of the circumstance leading to the crime, the method and method of the crime, and the circumstances after the crime, etc., it does not seem that the defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case. Thus, the above argument by the defendant is rejected.
The reason for sentencing [decision of the type] The thief for larceny against general property - thief for intrusion (special person) - mitigated factors: [Determination of the recommended area] Where there are particularly extenuating circumstances in the commission of the commission of the crime / [Scope of the recommendation area] / [The scope of the recommendation area] 8 to 16 months / [general person] : serious reflective factors : there is no record of the suspension of execution / there is no record of criminal punishment / there is no record of major pride : there is no record of criminal punishment - there is no record of general pride : damage minor reason - there is no criminal record of the suspension of execution or more, serious reflect [decision of the sentence] 4 months, probation period, probation and community service order.