A defendant shall be punished by imprisonment for not less than eight 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 June 11, 2018, at night, the Defendant: (a) thief who intrudes into a structure at night; (b) diversed into a vinyl house where the victim D, who was in Yongcheon-si C, cultivated moleculed materials; and (c) divers into the inner hole through potents; and (d) stolen approximately KRW 700,000,000 of the market price where dives were stored therein. Accordingly, the Defendant stolen the victim’s property by intrusion into the structure at night.

2. In order to cut off the goods from the same date, at the same place, at the same time, and by a vinyl house, the Defendant damaged 20 parts of trees at the risk of the victim’s possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to each CCTV image output, and photographs;

1. Relevant Article 330 of the Criminal Act and Article 366 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense; and Article 366 of the Criminal Act (a point of destroying property and a choice of imprisonment with prison labor);

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. The sentencing factors indicated in the instant pleadings, such as the Defendant’s age, environment, sexual conduct, motive, means and consequence of the crime, etc., under the following conditions of sentencing for the protection and observation of the community service order and the reasons for sentencing under Article 62-2 of the Criminal Act, shall be determined by comprehensively taking into account the factors of sentencing as indicated in the instant pleadings.

The favorable circumstances: The defendant recognized his/her mistake and divided, and his/her health status is not good due to grade 2 of the delayed disability, and is economically difficult, such as receiving living benefits. Until before the crime of this case was committed, he/she has no record of punishment except once a fine is imposed on around 2012.

The crime of this case was committed at night by intrusion upon another person’s plastic greenhouse, thefting one of them, and destroying another in the process, and in light of the method of crime, the crime was not committed, and the value of the damaged materials has been reduced to approximately nine million won.