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(영문) 대구지방법원포항지원 2020.10.29 2020고단1059
야간건조물침입절도
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The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:33 on June 8, 2020, the Defendant found the key in front of the “D” restaurant managed by the victim C in the north-gu B at port, and opened an entrance with the key, and intruded into the building, and cut off with 1 bottled, 1 bottled, 1 bottled, and 1 cand, the total market value of which is equivalent to 9,000 won owned by the victim.

Accordingly, the defendant invadedd the building managed by others at night, and stolen the property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] for general property; intrusion theft [Special Convicted Persons]: Where a person intrudes into places, other than his/her living or indoor residential space (the area of recommending punishment and the scope of recommending punishment], special mitigation area, imprisonment from April to June;

3. The punishment shall be determined by taking into account the facts that there is no agreement with the victim, one time of punishment for larceny crimes, and the records of punishment for two times of suspended execution. The execution of punishment shall be suspended on condition that probation and community service order are added only once, taking into account all circumstances, such as the defendant's age, health, family relationship, and the fact that the defendant has no past record of punishment for the same kind of crime since 2010 and there is no past record of punishment for the same crime and there is no past record of punishment for the suspended execution.

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