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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 19:50 on April 13, 2013, the Defendant: (a) invaded into the E site operated by the victim D in Jinju-si, and stolen, with approximately KRW 100,000,00 in total, the market value of the victim’s ownership stored adjacent to the warehouse, which was stored adjacent to the warehouse.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to a investigative report (CCTV image reading), investigation report (CCTV image verification report);
1. Article 330 of the Criminal Act applicable to the crime;
1. Article 62 (1) of the Criminal Act (including the following circumstances: (a) there is a record of having been punished several times for larceny; (b) there is no record of crime after being sentenced to a suspended sentence due to special larceny in around 2007; (c) there is no record of crime after being sentenced to a suspended sentence due to special larceny, etc.; (d) there is a confession about the larceny in this part; and (e) there is a smooth agreement with the victim;
1. The portion not guilty of probation and community service order under Article 62-2 of the Criminal Act;
1. On April 13, 2013, the summary of the facts charged on the charge of attempted larceny of night buildings, the Defendant discovered CCTV cameras installed in front of the marina plant building while approaching the victim G management H around 19:59 in Jinju-si, which led to the Defendant’s failure to commit the crime, and subsequently attempted to recover from the attempted crime.
2. Determination:
A. In light of the fact that the crime of intrusion upon a structure at night, night, and larceny, which is the object of the act of intrusion upon a structure, is actually a peaceful legal interest, the “building” includes not only the building itself, but also the summary of the building attached to it, in a strict sense, in view of the fact that the crime of intrusion upon a structure at night, which is the object of the act of intrusion upon a structure, is actually a peaceful legal interest. However, the above summary here includes the surrounding land adjacent to the structure, where a fence is installed in a boundary with the outside, and the land