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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

1. On March 5, 2016, around 05:18, the Defendant: (a) intruded into the victim’s (owner’s) warehouse located in a 55 Do-ro, Guro-gu, Seoul, in an alcoholic beverage distribution station; (b) discovered that the articles amounting to 1,448,724 won at the market price, such as the 288 boxes, 30 boxes, and 6 boxes and 1,48,724 won, which are owned by the victim, are loaded into the C truck in the location of the article; and (c) opened the entrance with the entrance door keys of the container under custody of the container located in the location.

C The key of the freight vehicle was cut off by driving the said freight vehicle, and then thefted the said goods by driving it.

2. The defendant illegally using a motor vehicle driving the motor vehicle to "E" located in Gyeyang-gu Incheon Metropolitan City without obtaining permission for re-distribution of the victim (state) who owns the motor vehicle parked at the time and place specified in paragraph (1) above, and driving the motor vehicle to the same month.

7. Until 05:08, the said motor vehicle was temporarily used.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 330 of the Criminal Act (the point of larcenying a structure at night) and Article 331-2 of the Criminal Act (the point of temporarily using a motor vehicle and the choice of imprisonment) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] thief [Article 4] : 1 to 2 years [the person subject to special sentencing] has repeatedly mitigated due to the reasons for multiple mitigations (where the person subject to special sentencing intrudes into a place other than an indoor residential space, and where the victim's penalty is not imposed]: April to January 6 [the decision of sentence]; the victim does not want the punishment of the defendant; the victim does not want the punishment in agreement with the victim; the victim's age, sex, family relation, criminal records, circumstances after the crime, etc. are revealed in the oral proceedings of this case.