야간건조물침입절도
A defendant shall be punished by imprisonment for not less than three 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 June 29, 2016, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for special larceny at the District Court for the Defendant's District Court on June 29, 2016 and the judgment became final and conclusive on July 7, 2016.
On June 3, 2016, the Defendant opened a “D” restaurant operated by the victim C at the time of the government of the city around 04:43 on June 3, 2016, and intruded inside the said restaurant, thereby thefting the cash amounting to KRW 40,000 in the payment period of the carcter’s cash withdrawal.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements, reports on the results of field identification, and descriptions and images of CCTV closure photographs;
1. Previous convictions in judgment: The defendant's legal statement, reporting of his/her previous convictions and results of confirmation of his/her previous convictions, each entry of indictment, the case of this court and the result of search of
1. Article 330 of the Criminal Act concerning the crime;
1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) (the sentencing criteria shall not apply since there are concurrent crimes after Article 37 of the Criminal Act)
Taking into account the following circumstances: (a) the confession of a crime by a criminal defendant is against the law; (b) the amount of theft is not high; (c) the victim did not want the punishment of the criminal defendant by agreement with the victim; (d) the case that was finalized by imprisonment with prison labor for six months with prison labor for special larceny on June 29, 2016 and the case that was finalized by a one-year suspended sentence for six years