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A defendant shall be punished by imprisonment with prison labor for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 25, 2020, at around 02:47, the Defendant opened a driver’s seat that was parked in the first floor parking lot of the house located in Seongbuk-gu Seoul Metropolitan Government, without correcting the benz SUV vehicle owned by the victim C, and stolen the cash and foreign currency equivalent to KRW 8.10,000,000,000 in cash from the wall of the victim in the vehicle, and USD 2.50,000 (200,000 won) and USD 170 (130,000 won) and KRW 100,000 (130,000 won), respectively.
Summary of Evidence
1. Defendant's legal statement;
1. A report on investigation (a CCTV investigation), a report on investigation (a specific suspect), CCTV photographs, etc.;
1. Application of Acts and subordinate statutes in writing C;
1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. The fact that the possibility of recidivism is expected to be high in light of the defendant's behavior before and after the crime, the method of criminal punishment, etc. with the reason of sentencing under Article 62(1) of the Criminal Act is disadvantageous to the defendant
On the other hand, it is advantageous to the fact that the defendant agreed with the victim, and there is no record of punishment due to the same kind of crime.
Each of the above circumstances shall be sentenced to the same sentence as the disposition, comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the records and pleadings, such as the age, character and conduct, the environment, and the background of the crime.