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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
The defendant is in conflict with the victim C, and the victim C and the victim D are married couple.
1. On August 4, 2016, the Defendant, at night, was in the house of the victims who were in old-si E around 02:00 on August 4, 2016, and C hedging without any particular reason.
The victims opened and intruded a beer window, which is not locked by any crepan in the house, and the victim C, which is kept in the crepanece, was stolen by a number of 0.5 square meters at the market price of the victim C, which is kept in the crepanece.
2. The Defendant damaged property at the time and place described in paragraph 1, on the same grounds as described in paragraph 1, the victim D, who was located there, destroyed one air cleaner equivalent to KRW 500,000,00 in the market price of KRW 500,00,000 in its own, and damaged knife and one knife in the market price of KRW 20,000,000 in its own knife, and damaged knife with one knife at the market price of KRW 20,00,00 in its own knife, and destroyed knife by attaching approximately KRW 15,00,00 in its own knife at the floor.
Accordingly, the defendant damaged the property owned by the victims.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment of photographs) and a report on results of field identification;
1. Relevant legal provisions concerning facts constituting an offense, and Article 330 of the Criminal Act (a thief who intrudes upon residence at night) and Article 366 of the Criminal Act (a point of destroying property and a choice of imprisonment with prison labor);
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [In addition, the punishment shall be aggravated (within the scope of the sum of the long-term punishments of the above two crimes) by intrusion larcenys with heavy residence standards;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. Application of the sentencing criteria;
(a) Night time theft (the scope of punishment recommended), theft against general property, shall be four types of theft;