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Reasons
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(영문) 제주지방법원 2015.02.10 2014고단1278
야간건조물침입절도
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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:00 on October 9, 2012, the Defendant entered the “Ecafeteria” of the victim D’s operation in Jeju City, through the window that was not locked, and then stolen the amount of KRW 1 million in cash owned by the victim in the C’s treasury.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of statutes on site photographs;

1. Relevant provisions of criminal facts: Article 330 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service: A sentence shall be imposed as ordered in consideration of all the following circumstances, including the following circumstances, within the scope of the recommended sentence based on the sentencing guidelines for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act [the scope of sentence for the crime of larceny, theft against general property, theft against general property, mitigation area (the special mitigation area: in case of intrusion upon a place other than an indoor residential space), August - one year and six months], and the sentence shall be imposed. A favorable normal circumstances recognized as favorable: (a) the facts of crime are recognized and reflects; (b) the injury amount is not significant as one million won; (c) a suspended sentence is imposed for other crimes (the Punishment of Violence, etc. Act, committed on March 22, 2012, and two years of suspended sentence in August); (d) the criminal records of the same crime have been punished for the same crime; (e) the circumstances and motive for the crime of larceny and a fine exceeding KRW 30,014;

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