except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

1. 야간건조물침입절도 피고인은 2020. 4. 25. 21:30경 청주시 흥덕구 B에 있는 'C' 식당 앞 노상에서, 위 식당 창문을 통해 피해자 D이 식당 의자 위에 피해자 소유인 가방을 놔둔 채 자리를 비운 것을 발견하고 이를 절취하기 위해 위 식당 출입문을 열고 침입하여 위 식당 의자 위에 놓여 있던 피해자 D의 소유인 시가 300,000원 상당의 샤넬지갑 1개, 시가 800,000원 상당의 아이폰 휴대전화 1개, 시가 50,000원 상당의 보조배터리가 들어 있던 시가 1,500,000원 상당의 루이비통 가방 1개를 가지고 나왔다.

As a result, the Defendant invaded another person's structure at night, and stolen the property equivalent to the total market value of 2,650,000 won owned by the victim.

2. On April 25, 2020, at around 23:27, the fraud Defendant: (a) stolen the victim’s DNA phone as described in paragraph (1); and (b) did not have obtained it from the street, the Defendant stated that the victim was “I would have been unable to give a bank and a mobile phone on the face of the E market,” and that “I would have been unable to give a bank and a mobile phone at the time of contact with the victim through the victim’s mobile phone.”

The Defendant, as above, by deceiving the victim, received 50,000 won from G Trades in front of Gambi-gu, Chungcheongnam-gu, Cheongju, from the victim, under the pretext of agreement, at around 23:40 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes on CCTV screen pictures, records of seizure and list of seizure;

1. Relevant Article 330 of the Criminal Act and Article 347 (1) of the Criminal Act (the point of larceny at night), the choice of punishment against the crime (the point of fraud and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The sentencing criteria shall be based on; and