However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

[2018 Highest 429]

1. At night, at around 03:30 on October 5, 2018, the Defendant: (a) intruded into the store via a window in which there is no person inside the store after the business is finished; (b) placed one sanitary cap equivalent to the market value of the 3,000 won in the sloping room and one square meter equivalent to the market value of the 1,000 won in the sloping room; and (c) cut off the stolen object while playing in the warning sound, the Defendant stolen the victim’s property owned by the 4,000 won in total at the market price by wearing one sanitary cap and one square meter in the sloping room.

[2019 Highest 53]

2. A thief, on January 13, 2019, the Defendant: (a) took advantage of the gaps in which surveillance was neglected inside the “G” clothes of the F Building of Ansan-si, Ansan-si; and (b) took advantage of the gaps in the surrounding supervision, the Defendant stolen the victim H’s market price at KRW 50,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. B written statements;

1. A 112-reported report processing slip, seized objects photograph, CCTV image-cape photograph, site photograph, and related photograph;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (the point of larceny at night), the choice of punishment for a crime;

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

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

1. The sentencing conditions under Article 333(1) of the Return Criminal Procedure Act, such as the following conditions and age, character and conduct, environment, circumstances of the crime, means and result, etc., shall be determined as ordered in consideration of the following conditions of sentencing.

The defendant's mistake is recognized as a favorable circumstance.

The victims’ economic damage caused by the instant crime is not so significant, and the victims H recovered the damage immediately after the instant crime.

The above victim does not want to be punished by the defendant in consultation with the victim B.