A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 15, 2017, the Defendant: (a) opened and intruded a door that was not corrected under Article 522 of the above Notification Board, where the victim D resides, at Seocheon-si B around 04:25 on July 15, 2017; and (b) stolen the victim’s head with a cell phone with the market price at which he was in charge of the victim’s head.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to a photograph by reporting on investigation into CCTVs and by cutting CCTVs;

1. In light of the fact that the Defendant committed the instant crime again despite the fact that the reason for sentencing under Article 330 of the relevant Article of the Criminal Act regarding the criminal facts had a record of being punished for the same kind of crime, the Defendant committed the instant crime by intrusion upon another’s residence at night, and did not agree with the victim or did not recover from damage, a sentence shall be imposed against the Defendant.

However, by comprehensively taking into account the facts constituting an offense at an investigative agency, the scope of sentencing guidelines for sentencing (a person who has been sentenced to imprisonment with prison labor for not less than one year but not more than two years and not more than six months in the basic area of larceny) shall be determined by exceeding the scope of sentencing guidelines (a person who has been sentenced to imprisonment with prison labor for not less than one year and not more than two years and not more than six months in general property) by comprehensively taking into account the following factors: the stolen goods of this case, the amount of the stolen goods of this case, the circumstances after the commission of the offense