A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On August 12, 2018, at around 00:04, the Defendant: (a) damaged the entrance of approximately KRW 250,000 in front of the office of “D gas station” operated by the victim C, which is located in Nam-gu Incheon Metropolitan City, so that approximately KRW 250,000 of the repair cost may enter the entrance, and (b) intruded into the air conditioning, and carried out the victim’s goods worth KRW 6,900 in total, such as the small liquor 2 disease, call 1 disease, can, drinking water, etc.

Accordingly, the Defendant, at night, stolen the property of the victim by destroying and damaging the door, the protective wall or a part of the structure.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each investigation report (the counter-investigation of a suspect, and CCTV investigation at the site);

1. Written estimate for repair of damaged goods and entrances;

1. Application of the Acts and subordinate statutes to the suspect form, field photograph, and liquidation of crimes at the time of arrest;

1. Articles 331(1) and 330 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Aggravation of the recommended punishment according to the sentencing guidelines (the determination of types of punishment) - Types 4 (Special Robbery) (Special Larceny) - Where a person intrudes into places, other than indoor residential spaces (type 4) - Where a person carries a lethal weapon, or intrudes into (type 4) a structure, etc. (the determination of the recommended area) a basic area [the scope of the recommended area] / Imprisonment with prison labor for one year to two years (the general person] - Mitigation factors: serious reflective reflect;

2. Whether or not the suspension of execution (major reasons): - Where a person carries a deadly weapon, or where a person intrudes into a building at night, such as night, destruction, residence, intrusion, or at night, or damage and no recovery from damage (general reasons): positive: insignificant damage, absence of a criminal record of the suspension of execution or more, and serious reflect;

3. In the event that the defendant commits the crime of sentencing, the entrance which is favorable at night; and