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

피고인은 2018. 1. 10. 02:20경 수원시 권선구 B에 있는 피해자 C 운영의 ‘XXXX편의점’ 앞에 이르러, 편의점 건물 뒤쪽 출입문을 수 차례 세게 잡아당겨 출입문 시정장치를 망가뜨리는 방법으로 출입문을 열고 편의점 안쪽까지 침입한 다음, 그곳 카운터 앞쪽에 놓여 있던 위 피해자 소유인 현금 60만 원이 들어 있는 시가 15만 원 상당의 금고 1개를 가지고 나와 절취하였다.

Accordingly, the defendant stolen the property of the victim by damaging the door, the wall, and a part of the structure at night and impairing the structure managed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Investigation reports (verification of the status of damage to the rear of the D convenience point);

1. Application of Acts and subordinate statutes on site photographs and CCTV images;

1. Article 331 (1) of the Criminal Act applicable to the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. A person under special mitigation in the mitigated area (two to one year and six months of imprisonment): The reason for the sentencing of Article 62(1)(a) of the Criminal Act (the following favorable circumstances) [the scope of recommending punishment] for the general property: The person under special mitigation in intrusion into a place other than an indoor residential space, such as night-time damage and structure: intrusion into a place other than an indoor residential space, and violation of all of the instant crimes;

There is no criminal record of a fine or more, and the victim is not punished by the victim by agreement.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined the same type as the order.