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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 became final and conclusive.
Reasons
Punishment of the crime
On March 4, 2018, from around 03:00 to around 04:00 of the same day, the Defendant intruded with the victim E’s “F food,” which was operated by the victim in Kimhae-si, and had not been corrected for the first time. At the same time, the Defendant: (a) 2 bottle, the victim’s market price of which is equivalent to KRW 3,000, the amount of KRW 10,000, the market price of which is equivalent to KRW 50,000, KRW 30,000; (b) 1 copy of kimchi; (c) a portable gas server with which the market price is unknown; (d) 3 reduction of the market price of KRW 1,200; and (e) 1,000, the market price of which is equivalent to KRW 3,000.
Accordingly, the defendant stolen the property by impairing the victim's structure at night.
Summary of Evidence
1. Statement by the defendant in court;
1. Each E statement;
1. Reporting on occurrence of a disaster;
1. Seizure records;
1. Application of Acts and subordinate statutes to each photograph (No. 5, 7, 15 No. 5 of the evidence list);
1. Article 330 of the Criminal Act concerning the crime;
1. Although the nature of the crime of this case is not good in light of the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below), the punishment as set forth in the order shall be determined by taking into account all of the following circumstances, including: (a) the confession by the defendant; (b) the amount of damage from the crime of this case is not significant; and (c) the amount of damage from the crime of this case was smoothly agreed with the victim; and (d) the defendant did not have any criminal record since he was punished as a special larceny in around 1998 for a long time; (b) the defendant's age, sex, sex, environment, motive, means and consequence of the crime; and (c) the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (hereinafter referred to as August - June 1).