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A defendant shall be punished by imprisonment for one year.
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
At around 04:00 on January 4, 2015, the Defendant: (a) intruded the victim C, the victim D, and E’s accommodation to the inner part of the F building, which was located in Gumi-si; (b) and caused 301 to the inner part of the F building; and (c) caused the Plaintiff’s damage to the victim C, the market price of which was located therein; (d) Samsung Ggal ju City, Samsung 3 Smartphone ju City, Samsung 1 Smartphone 3; (e) one gallon; (e) one gallon 1; and (e) one 31 Samsung No. 31; one 110,00 won in cash; and (e) one son with the victim’s cash card; (e) one 5S mobilephone 1; (e) one 130,000 won in cash; and (e) one son and one son with one son’s cash card, the victim E-owned market price cannot be known.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Each police statement about G, H and D;
1. Each written statement C, D, and E;
1. Application of Acts and subordinate statutes on police seizure records;
1. Article 330 of the Criminal Act applicable to the crime;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the probation and community service order;
1. Application of the sentencing criteria (Scope of recommending punishment) basic area (one to two years and six months) of the basic area (one year and six months) of the larceny for general property;
2. In light of the fact that the instant crime committed by the Defendant was committed by intrusion on the indoor residential space on the gas pipeline, and thus, there is a considerable possibility of criticism for the theft of the goods, and the victims’ damages have not been recovered properly, the Defendant’s liability for the illegal act is not minor.
However, the fact that the defendant recognizes all of the crimes of this case from the investigative agency to this court, and repents his mistake, the defendant has no record of criminal punishment exceeding the fine, and the defendant is currently a company.