A defendant shall be punished by imprisonment for six 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

1. On February 17, 2016, around 18:50 on the 17th floor of the Guri-si apartment building C, the Defendant: (a) laid down one set of 600,000 won in the market value of the victim D, who was corrected as locking device on the part of stairs and rail in his/her place from the first floor of the apartment building C, and stolen it.

2. 야간 건조물 침입 절도 피고인은 2016. 2. 20. 02:10 경 구리시 E에 있는 피해자 F이 운영하는 ‘G’ 영업장 앞에 이르러 닫혀 있는 셔터를 위로 올려 열고 위 영업장 안으로 침입하여 그곳에 보관되어 있는 위 피해자 소유인 시가 400만 원 상당의 스캇 자전거 1대를 가지고 나와 이를 절취하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against H and I;

1. A written statement of F and D;

1. Each protocol of seizure and each list of seizure;

1. CCTV image data;

1. Video-recording CDs;

1. Application of Acts and subordinate statutes to CCTV photographs for each crime prevention;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (the occupation of larcenys against structures at night) concerning facts constituting an offense; and Article 329 of the Criminal Act (the occupation of thefts and the choice of imprisonment);

1. The aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment provided for in the crime of attempting to intrude a structure at night with heavier punishment);

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)3 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one month to 15 years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: Larceny of a structure at night (the scope of recommendations), thief for general property (the thief for intrusion larceny) in the area of special mitigation (the thief for April to one year) (the thief for special mitigation) in cases of intrusion upon a structure outside the indoor residential space (the thief for four types);

(b) Concurrent crimes: Larceny [Scope of recommending punishment] Crimes of larceny for general property, which are punishment for living in the area of special mitigation (one month to six months) (special mitigation factors) (special mitigation factors), and non-criminals for living;

C. The result of aggravation of multiple crimes: imprisonment for not less than four months.