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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person with no certain occupation and is a victim B, a region, and a ship in the region.
1. In early April 2019, the Defendant discovered a small aggregate of 100,00 won of the market value of the instant room, while cleaning a house upon the request of the victim's house located in the Yasan-si C Apartment D, YAD on April 2019, the Defendant found a small aggregate of 10,000 won.
Accordingly, the Defendant stolen the property owned by the victim.
2. On April 12, 2019, at around 00:27, the Defendant confirmed that there was no way to reach the victim’s house, and opened a door with a password known to the victim in the past and intruded into the door, and thereafter, the Defendant got off seven cigarettes, such as Edradddrid 5,00 won of the market price in the small room.
Accordingly, the defendant invadedd the victim's residence at night and stolen the property.
Summary of Evidence
1. Defendant's legal statement;
1. Each police interrogation protocol against the accused;
1. B written statements;
1. Application of Acts and subordinate statutes to a investigation report (C main apartment confirmation and video attachment);
1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act selection of punishment, and Articles 330 and 329 of the Criminal Act (a point of night larceny);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason and night of sentencing of Article 62(1) of the Criminal Act, which steals goods by intrusion upon another person’s residence, is deemed to be bad;
However, the fact that the defendant's mistake appears to be divided and reflected, that there is no record of punishment for the same kind of crime, and that the victim does not want the punishment for the defendant by agreement with the victim is more favorable.
The punishment as ordered shall be determined in consideration of such circumstances as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.