A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 8, 2017, around 04:15, the Defendant: (a) opened a entrance not set up in the “DFC” located in Gwangju Northern-gu, Gwangju, and intruded into the sculp, and stolen the victim E’s market price owned by the victim E, which was integrated into the sculg, by loading the 1,00,000 won of the sat, into the sculg in the sulg.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each photograph of E’s written statement (a defense counsel does not constitute a building, and accordingly asserts to the effect that it is improper to rate the instant case as a larceny of intrusion upon a structure at night.

However, according to the above evidence, the plaintiff of this case has an external and bordering with the iron fence, ② there is a luminous gate instead of the ceiling, and a structure that people can have access, ③ there is land provided for the use of a structure between the above steel fence and the structure, and there is a field of view on the land.

Therefore, since the above summary of the structure and its surrounding structure within the steel fence are all the buildings stipulated in Article 330 of the Criminal Act (see Supreme Court Decision 2005Do5351, Oct. 7, 2005). Thus, inasmuch as the defendant intrudes the above farm, and steals a dog in the dog, it constitutes larceny of intrusion upon a structure at night, so long as the defendant steals a dog in the dog.

Application of Statutes

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the victim has returned the stolen dog and that the victim has agreed with the victim);