A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 14, 2016, the Defendant, at around 14:00, intended to cut steel pipes from the middle part of the steel pipe by using the steel pipe to facilitate the movement of the steel pipe, and intended to move steel pipes using the light pipe, but failed to bring the steel pipe to the victim’s land in a way that the victim’s land located in B, which was in danger of installing a plastic pipe, was in excess of the total market value of 560,000 won. In order to facilitate the movement of the steel pipe, the Defendant did not commit an attempted act on the wind of the victim’s land at around 14:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the investigation report (the conversion of the amount of damage);

1. Relevant Article of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning the choice of punishment;

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

1. Although the defendant had a criminal record for the reason of sentencing under Article 62-2 of the Social Service Order Act, he/she again commits the larceny crime of this case, and the defendant is expected to have a high risk of repeating the crime is the circumstances unfavorable to the defendant.

On the other hand, the fact that the defendant is against his own crime, the fact that the defendant has recovered all the damage suffered by the victim, etc. are favorable to the defendant.

In each of the above circumstances, the sentence identical to the disposition shall be imposed by comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the records and pleadings, including the Defendant’s age, sex, occupation and environment, and the background of the instant crime.