A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

On April 19, 2013, at around 14:20, the Defendant: (a) discovered one out-of-the-art machine of Samsung C, the market price of which is equivalent to KRW 280,000,00, owned by the victim C, and then intruded into the open-to-door gate with a small hand tape to steal it; and (b) stolen the extra-out machine of the air-conditioning room by placing it on the said hand tape.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Investigation report (CCTV investigation);

1. Application of C’s written law to the victim;

1. Relevant legal provisions concerning facts constituting an offense, Articles 319 (1) and 329 of the Criminal Act that choose a penalty (the point of intrusion upon residence), and Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

1. From among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) the Defendant committed the instant crime even though he had been sentenced to imprisonment with prison labor for night building intrusion larceny on November 2, 1995 on March 22, 201; and (b) on March 22, 2013, he committed the instant crime; (c) the Defendant did not oppose the intent of larceny among the instant crimes; and (d) did not cause any damage to the victim; and (e) comprehensively taking into account the details, means, methods, and results, etc. of the instant crime.

It is so decided as per Disposition for the above reasons.