A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

On December 5, 2017, at around 07:00, the Defendant entered a Kacter through the entrance opened in the “Macro” operated by the victim D in Changwon-si, Changwon-si, Macro, which was operated by the victim D, and the Defendant used the said victim’s gaps in which the surveillance was neglected, carried one of the number of pages 25,00 won at the market price, which was owned by the victim and was placed on the Kacter.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of Acts and subordinate statutes concerning calculation of sunset;

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation;

1. The scope of punishment by imprisonment: One month to ten years;

2. The scope of recommended punishment according to the sentencing criteria: Imprisonment with prison labor for a period from eight months to one year and six months.

(a) Determination of types: Four types of theft against general property;

(b) Special sentencing factors: Where the person intrudes into a place other than the indoor residential space (a mitigated factor).

(c) Determination of the territory of recommendation: Reduction territory;

3. Determination of sentence: 8 months of imprisonment, and 7 years of suspended sentence are the same criminal records to the accused (two times of imprisonment and two times of imprisonment) or less is disadvantageous to the accused.

However, since the defendant was punished for the same kind of crime in October 2013, the defendant did not commit the same crime for about four years since the last punishment for the same crime, the damage amount of the crime in the judgment is minor to 25,000 won, and since the damaged articles in the judgment were seized by the police and returned to the victim, the damage was actually recovered in its entirety.

Considering that the above unfavorable circumstances can be seen, the defendant is sentenced to the punishment as ordered within the range of the punishment recommended to live in the front, notwithstanding the above unfavorable circumstances.