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 of the final judgment.

Punishment of the crime

피고인은 2014. 7. 27. 20:40경 울산 남구 B건물 1층 피해자 C가 운영하는 D 매장에서 종업원의 감시가 소홀한 틈을 이용하여 매장 옷걸이에 걸려 있던 피해자 소유의 시가 89,400원 상당의 여성 청 남방 1벌을 말아 쥔 뒤 들고 가 이를 절취하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Where he/she intrudes into places, other than indoor residential spaces (type 4) in the mitigated area ( April to October) (special mitigation) of various types of larceny for general property;

2. The Defendant had already been punished by a fine for the same kind of crime, but again went to commit the instant crime. Considering such Defendant’s criminal records, the content of the instant crime, etc., the nature of the crime is not that of the crime.

However, considering the fact that the defendant has no record of being punished in excess of the fine, and that he has repented and reflected his wrong, the sentence shall be made as ordered in consideration of all the conditions of sentencing, such as the defendant's health status and economic situation, and the sentencing criteria mentioned above.