Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. At night, around 21:00 on February 16, 2012, the Defendant: (a) invadedd the victim’s D operation “E” in Jeju-si; (b) 80,000 won in cash, which entered a plan for the victim’s possession on the seat of the seat; and (c) went out to the victim’s possession.
In addition, from that time until February 29, 2012, the Defendant invadedd the victim’s structure on a total of six occasions, as shown in attached Table 1, and stolen property owned by the victim’s total amount of KRW 232,700.
2. At night, around 05:00 on March 1, 2012, the Defendant: (a) invadedd the victim D’s “F” restaurant operated by Jeju-si; (b) obstructeded the stolen objects; and (c) did not bring the stolen objects to an attempted attempt, even though the stolen objects were not corrected in the “F” restaurant operated by Jeju-si.
3. At around 18:00 on February 17, 2012, the Defendant intruded from “E” such as Paragraph (1) to the extent that he had come to know in the same manner as Paragraph (1) and carried out cash 50,000 won, which included a scheme to possess the said victim’s ownership.
From that time until February 27, 2012, the Defendant: (a) invadedd the victim’s structure on a total of seven occasions, such as attached Table 2, and stolen property owned by the victim in total amount of KRW 235,000.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement of D;
1. Investigation Report (general) - Application of the Acts and subordinate statutes attached to the form of crime
1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Articles 330 ( point of larceny at night), 342 and 330 ( point of attempted larceny of night buildings) of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act ( point of intrusion upon a structure and choice of imprisonment) of the choice of punishment;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Nighttime buildings, intrusion and theft (determination of type) as indicated in the sentencing criteria.