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.

Criminal facts

On January 23, 2020, the Defendant came to be a 'D' cell phone store operated by the victim B of the 'D' cell phone in the 26:26:1. 06.26, the Defendant opened a corrective device with D's cell phone store located adjacent to the left side of the above cell phone store by putting the glass window installed adjacent to the above cell phone store, and opened a corrective device by placing it into the open space located between the 1st floor and the 2nd floor of the building connected to the above cell phone store.

The defendant continued to open a part of the panel established over the wall surface of the space above the open space, separated from the above mobile phone store by using the passage between the floors installed above the wall, and then paid a hole in the ceiling of the above mobile phone store via the same draber by dricking and cutting off the ceiling of the above mobile phone store, and then 68 mobile phones equivalent to 25,250,000 won in the market price, which is the victim's possession in the above cell phone, have been lowered into the above cell phone store.

As such, the Defendant: (a) destroyed a part of the structure at night; and (b) invaded upon the structure; and (c) stolen the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A sales contract for secondhand portable equipment;

1. Records of seizure and the list of seizure;

1. Investigative reports (related to the attachment of a detailed statement of damaged articles), a list of damaged articles;

1. Investigation report (on time);

1. Application of statutes on site photographs;

1. Article 331(1) of the Criminal Act, Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation (Orders to undergo probation in order to prevent the accused from repeating a crime);

1. Reasons for sentencing under Article 333(1) of the Criminal Procedure Act for the return of victim;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The range of recommending punishment according to the sentencing guidelines [decision of types] thief [No. 4] intrusion theft [special salvists] for general property] : In cases of intrusion into places other than indoor residential space, the element of aggravated punishment: In cases of intrusion into places other than indoor residential space: The basic area of intrusion into structures, such as night destruction and damage [the recommended area and the scope of recommending punishment];