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

On March 7, 2017, the Defendant, at around 00:30 on 1, 50, 50-13, was in storage of materials for the victim-forest power company, a 50-13-hon-do, Gyeongcheon-gu, Gyeongcheon-gu, Gyeongcheon-do, and was in preparation for one wall in advance, and damaged approximately 80 cm in width, about 40 cm in length, and about 15 cm in thickness by using charging electric saws, and went into action, and carried about 105 km-gu, the victim-owned.

Accordingly, the defendant stolen the victim's property which is equivalent to the total market value of 525,00 won by destroying and impairing part of the structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. D's self-written statements;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each investigation report (limited to attachment of a quotation for damage, attachment of damaged places, and photographs of damaged objects, and attachment of CCTV images);

1. Article 331 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] : (a) in a case where a person intrudes into a place other than an indoor residential space (the person subject to special mitigation) in the area subject to special mitigation [4 months to one year] ; (b) in a case where he damages a wall by using an electric saw that the defendant prepared at night and intrudes into a warehouse, and steals goods, it is not deemed to be a crime in light of the applicable criminal law. However, in light of the applicable criminal law, there is no history of punishment for the same crime or fine; (c) in recognition of the instant crime, there is no history of punishment for the crime; (d) reflects the misjudgment while recognizing the instant crime; and (d) other favorable circumstances such as the defendant's age, sexual behavior, environment, motive or circumstance of the crime; and (e) all the circumstances after the crime, etc., the punishment shall be determined as ordered.