Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 4, 2016, around 03:16, the Defendant: (a) intruded into a victim D'E in Daegu-gu, Seogu, Daegu-gu, by exceeding a fence installed therein; and (b) theftd 10,000, more than 690,000, more than 4,000, and more than 10,000,000, more than 6,000,000 won in the market value of the victim’s possession, which was kept therein.
2. On November 15, 2016, the Defendant attempted to larceny a structure at night (i.e., the victim’s operation at around 03:00) and intruded over a fence installed therein in a warehouse, and the Defendant did not commit an attempted crime because he/she was discovered to the police officer and arrested him/her.
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 report internal investigation (verification of CCTV images around the scene and attaching photographs to video materials), internal investigation report (investigation of neighboring CCTV);
1. Article 330 (1) of the Criminal Act (the charge of larceny of intrusion on a structure at night) concerning the crime and Articles 342 and 330 (1) of the Criminal Act (the charge of attempted larceny of intrusion on a structure at night);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1448, Jun. 1, 201)