A defendant shall be punished by imprisonment for one year.

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

On March 13, 2018, when the victim D in Daegu-gu, Daegu-gu, used it as a lodging and office, the Defendant opened a locked door door, destroyed, and intruded into the building E, and owned by the victim, with approximately KRW 1,100,000, and KRW 1,800,000, market price of KRW 1,80,000, and KRW 35,000,000, market price of KRW 1,80,000, and KRW 35,000, market price of KRW 35,00,00.

Accordingly, the defendant stolen the victim's property by damaging door at night and impairing the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. On-site report (CCTV image and photograph attachment) / The defendant and defense counsel asserts that although the defendant has stolen books and tampers, other things do not have stolen.

However, the following circumstances acknowledged by the aforementioned evidence, i.e., that the injured person is in a detailed memory of the damaged items and location, and that the Defendant did not have stolen cash, but the F, however, was found to have fallen on the floor by the 10,000 won ladne 10,000 won when the Defendant was loaded from the police to the taxi.

According to the statement of the victim, in light of the fact that the defendant appears to have been under the influence of alcohol at the time of theft as above, the defendant is recognized to have stolen goods entered in the crime.

Application of Statutes

1. Article 331 (1) of the Criminal Act, and the choice of punishment for the crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [the scope of recommendations] The basic area (one year to two years) of theft against general property.