Text
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
B, around October 4, 2020, around 04:53, at around 04:53, 2020, theft of 83 precious metals equivalent to the market value of KRW 32,749,000 in total from “F” operated by the victim E on the fourth floor of Daejeon Daejeon, and theft of 46 precious metals equivalent to the market value of KRW 58,750,000 in total from “I” operated by the victim H on the first floor of G building around 06:39 on the same day.
On October 5, 2020, the Defendant purchased KRW 600,000 with knowledge of the fact that 49 precious metals are stolen in the aggregate amount of KRW 39,781,00,00 among the precious metals that were stolen from B at the third-story parking lot located in J at the time of light lighting.
Accordingly, the defendant acquired stolens.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecutor with respect to B;
1. A list of CCTV images, L advertisements, field photographs, seized objects photographs, investigation reports (related to the acquisition value of stolens A acquired by the suspect), and stolen goods list;
1. Application of the protocol of seizure and the statutes on the list of seizure;
1. Relevant Article 362 of the Criminal Act, the choice of punishment for the crime, Article 362 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Act is that Defendant was punished by a fine of one million won on July 17, 2020 for the same crime: Provided, That the same sentence as the disposition is determined by comprehensively taking account of all of the factors indicated in the arguments in the instant case, such as the Defendant’s late and late acknowledgement of the error, the stolen was returned, the Defendant’s age, sexual behavior, environment, motive and consequence of the crime, and the circumstances after the crime.