Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[2017 Highest 1345] On March 20, 201, the Defendant was at a cafeteria operated by the victim C in Ulsan-gu, Ulsan-gu, Seoul-gu, 201. On March 20, 201, the Defendant did not commit an attempted crime by attempting to escape because the security company’s intrusion warning is likely to be arrested, while the Defendant intruded the “D” restaurant operated by the victim C, which was located in Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do.
[2017 Highest 160] On March 21, 2017, from around 02:00 to around 03:00 of the same day, the Defendant cut the entrance door back to the G restaurant operated by the victim F of the victim F in Ulsan-gu, Ulsan-gu, and intruded into the said restaurant with a hacksaw, which was prepared in advance, and used a theft of the total amount of KRW 100,000 won of rice owned by the victim, including the total amount of KRW 50,000,000,000, and the total market value of KRW 50,000,00,000.
Accordingly, the defendant stolen another's property by destroying part of the structure at night and impairing the structure.
Summary of Evidence
[2017 Highest 1345]
1. A protocol concerning the examination of the police officers of the accused;
1. A written statement prepared in C;
1. Each photograph (2017 Height 1660);
1. A protocol concerning the examination of the police officers of the accused;
1. A statement prepared by the F;
1. Seizure records;
1. Application of each statute on photographs;
1. Articles 342, 330, and 331 (1) of the Criminal Act concerning the facts constituting an offense;
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. The punishment as described in the order shall be imposed within the scope of special mitigation area of larceny sentencing guidelines (where it intrudes into places other than a living type crime or indoor residential space) in consideration of various circumstances, such as the repetition of the same criminal act, the scale of damage, the provisional return of goods damaged by special larceny, the details of the crime, etc., including the previous offense for which the sentence is suspended, and the punishment shall be imposed in accordance with Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small quantity;