The defendant shall be exempted from punishment.

Punishment of the crime

[criminal history] On June 1, 2018, the Defendant was sentenced to four months of imprisonment and one year of suspended execution due to intrusion upon residence at the Incheon District Court, and the above judgment became final and conclusive on June 9, 2018.

[Criminal facts]

1. On February 24, 2018, the Defendant intruded into the “C” Ma, which is located in the Silung City B, around 09:03 on February 24, 2018, and stolen construction materials pipes in the victim D’s market price by using them as hand and loading them into Libya.

2. On February 27, 2018, the Defendant intruded into the same place as paragraph (1) around 06:12 on February 27, 2018, and took a pipe of construction materials equivalent to KRW 300,000 in the victim D’s market value as hand and stolen them by means of loading them in Libya.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements, on-site photographs, CCTV closures, copies of sales, and damaged images;

1. Previous convictions: Application of Acts and subordinate statutes concerning case search and judgment;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the final judgment recorded in the records of the crime in the judgment was sentenced to imprisonment with prison labor for 4 months and one year of suspended execution due to larceny and intrusion upon residence, such as that the defendant stolen 40 non-intersections, which are owned by the same victim as the instant case, around March 3, 2018, and considering the equity in sentencing where the instant crime and the offense of intrusion upon residence for which the judgment became final and conclusive at the same time, and agreement is reached with the victim)