Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 02:00 on March 2, 2019, the Defendant: (a) opened a “D” restaurant operated by the victim C in Busan City, around 02:00; and (b) invaded into the said restaurant and brought about a theft of KRW 231,00 in cash owned by the victim and brought about a cash of KRW 231,00,000 to the Defendant’s bank located at the same place; (c) from that time, up to March 9, 2019, the Defendant attempted to steal or steal the total amount of KRW 287,00,000 in cash owned by the victim, as indicated in the list of crimes, from March 9, 2019.
Accordingly, the defendant invadedd a structure managed by the victim C at night, and thereby stolen or attempted to steals the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of C and E;
1. Reports on internal investigation (D CCTV investigation);
1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim C telephone);
1. Relevant provisions of the Criminal Act concerning facts constituting an offense (the points of larceny of night buildings), Articles 330 (the points of larceny of night buildings), 342 and 330 (the points of attempted larceny of night buildings) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Scope of recommending sentencing guidelines based on the reasons for sentencing under Article 62 (1) of the Criminal Act;
(a) A mitigation element of larceny [Type 4] for the larceny of general property (special salvists]: In cases of intrusion upon places, other than indoor residential space, in which case no penalty is imposed [the area of recommendation and recommendation range], special mitigation area, imprisonment from April to June;
B. Scope of recommendation according to the standards for handling multiple crimes: Imprisonment with prison labor for four to two years (1/3 of the upper limit of crimes No. 1/2) (the upper limit of crimes No. 1/3), the fact that the defendant recognized the crime and agreed smoothly with the victim, the fact that the defendant has no record of criminal punishment, and other conditions for sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, are considered as the order.