A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 22, 2015, the Defendant got into a restaurant operated by the victim D, in regular Eup/Myeon on July 23:14, 2015, and intruded into the restaurant through an open door beyond the cafeteria, and went into the restaurant, and stolen the cash amounting to KRW 1.5 million and the market value of KRW 50,000,000,000, which were owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each report on internal investigation (10 pages, 12 pages, 14 pages);

1. Each investigation report (for example, 39 pages, 102 pages, 111 pages, 117 pages);

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

1. The reason for sentencing under Article 330 of the relevant legal provisions on criminal facts is not only the same criminal records but also the defendant in the Jeonju District Court of Gwangju on August 14, 2012, who was sentenced to four years of suspension of execution due to violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) and larceny, and sentenced to four years of suspension of execution due to imprisonment on August 22, 2012, which became final and conclusive on August 22, 2012, but also committed the instant crime within the period of suspension of execution, and the victim was able to make a severe punishment

In addition to the poor nature of the crime, the night building intrusion larceny of this case has only imprisonment with prison labor as a statutory penalty, so it is inevitable to sentence the defendant who has a ground for disqualification for suspended execution.

However, in determining the term of punishment, considering the fact that the defendant commits a mistake in depth, the amount of damage is not so big and a part of the stolen goods has been seized, etc., the defendant's age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc., as well as all the conditions of sentencing as shown in the trial process, such as the records of this case and the circumstances after the crime, shall be determined as ordered.