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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 04:00 on September 5, 2016, the Defendant discovered a room with cash of 4 million won (2.50 thousand won, 50 thousand won, 30 thousand won), which is the victim’s possession of Gpoter vehicle owned by the victim D, who was parked in Yeongdeungpo-gu Seoul Metropolitan Government, at the front of “F company” located in Yeongdeungpo-gu, Seoul. On September 5, 2016, the Defendant laid down a room with cash of 4 million won (10,000 won, 2.50 won, and 50,000 won), and cut off the said room.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Written statements of D;
1. Investigation report (a CCTV tracking along mobile routes);
1. Investigation report (specific suspect);
1. Investigation reports (related to recovery of damaged articles) and photographs of the recovered damaged articles;
1. Report on occurrence of a theft;
1. Inquiry into the enemy;
1. CCTV photographs at the scene of crime;
1. Application of Acts and subordinate statutes concerning mobile CCTV tracking photographs;
1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act in relation to criminal facts;
1. Article 62 (1) of the Criminal Act;
1. Probation under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Articles 32(1) and (2) and 25(3)3 of the Act on Special Cases concerning the Dismissal of Application for Compensation Order and the Promotion, etc. of Lawsuit (in the case of this case, it is inappropriate to issue a compensation order because the defendant has paid the amount exceeding the amount of damage to the applicant for compensation during the trial of this case, and an agreement has been reached thereon and the existence
1. Scope of recommendations according to the sentencing guidelines (decision of types of punishment) for the larceny of general property (general larceny) and mitigation elements (decision of the recommended area), mitigation factors (decision of the recommended area), mitigation factors (decision of the recommended area), mitigation factors (decision of the recommended area) from April to October [the scope of recommendation factors] aggravation factors (the same kind of punishment not falling under repeated crimes) in accordance with the sentencing guidelines;
2. Circumstances unfavorable to the decision of sentence: The Defendant committed the larceny of this case under the same method despite the fact that he/she had been subject to criminal punishment several times due to the larceny crime.
The method of crime is not good and the amount of damage is not small.
A favorable condition: