Text
A defendant shall be punished by imprisonment for not less than eight months.
However, 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
From the beginning of August 2019, the Defendant did not have a certain occupation, and had money living in the Seo-gu Daejeon Seo-gu B Apartment C Apartment 5-6 Ra, Seo-gu, Daejeon, without a certain residence, brought away money, and stolen food and money in the nearby Maart or restaurant.
On February 2, 2020, at around 03:23, the Defendant opened a toilet screen operated by the victim E in Seo-gu Daejeon, Seo-gu, Daejeon, and intruded into the above restaurant. The Defendant did not commit an attempted crime by taking away 3 illness in the amount equivalent to KRW 6,000, the market price of which is equivalent to KRW 10,000, 100, and 5,000,000, in cash located in the Kabter, from August 2, 2019 to March 9, 202, all of which, as indicated in the attached list of crimes, they invaded another person’s building at night at night, stolen goods equivalent to KRW 2,271,90 in total, and attempted to steal another person’s building at night, and attempted to steal another person’s property by impairing another person’s building at night.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of E, G, H, I, J, K, L, M, N,O, P, Q, and R;
1. Report on investigation (inception, investigation, etc.);
1. Application of the Acts and subordinate statutes to the closures of each CCTV screen (Evidence Nos. 2 and 4), each field photograph (Evidence Nos. 12,23,46,48) (Evidence Nos. 12,23, 46, and 48), confirmation of the thief name, field and criminal fact-finding, and each photograph (Evidence No. 30, 33, 38)
1. Relevant legal provisions concerning facts constituting an offense, and Article 330 of the Criminal Act for the choice of punishment (the points of larcenys at night from Nos. 1 to 20, 22 to 44 of the List of Crimes), Articles 342 and 330 of the Criminal Act (the points of attempted larcenys at night from No. 21 of the List of Crimes)
1. Voluntary mitigation of crimes under Articles 25(2) and 55(1)3 of the Criminal Act (attached Form 21 No. 55(1)3) (the crime of attempted larceny at night);
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (in the case of concurrent crimes, the penalty and the attached Table Nos. 22, which are the most severe crime committed, the weight of concurrent crimes in the punishment determined for night-time intrusion larceny and larceny);
1. The sentencing under Article 62(1) of the Criminal Act is as follows.