A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On February 10, 2017, the Defendant: “E” restaurant operated by the victim D, the victim D in Il-gu, Seo-gu, Busan, Seo-gu, Busan, for the purpose of ancient cities around 01:39; (b) had worked as an employee; and (c) had approximately KRW 500,000 in cash, which was entered within the victim’s hand room; and (d) had been stolen.

2. On December 18, 2017, the Defendant: (a) used the key under the lower wall in front of the lower wall of the said restaurant, the key to the entrance that he had become aware of when working as an employee in front of the said restaurant; (b) opened and intrudes into the said restaurant; and (c) took approximately KRW 200,000 in cash of the said victim, which was located in the front of the said restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes for reporting internal investigation (specific person under suspicion);

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief for intrusion upon a structure at night) concerning criminal facts (a thief) and Article 329 of the Criminal Act (a thief for intrusion upon a structure at night and a choice of imprisonment with labor);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Application of the sentencing criteria;

(a) Class 1 crime (explosive thief) [Scope of recommending Punishment] thief for general property: Four types of theft (explic thief) (explic thief) for special mitigation area (from April to one year and six months) / Where a person has intruded into any place other than indoor residential space (four types), no penalty surcharge is imposed;

(b) Class 2 (Scope of Recommendation) Crimes (Larceny) (Scope of thief) ; Two types (General thief) thiefs on general property; and (4) / 10 (special mitigation factors) / Non-members of punishment;

(c) The scope of final sentence due to the aggravation of multiple offenses: April to November; and

3. That the defendant who has determined the sentence commits a theft of cash owned by the victim twice by using the fact that he/she becomes aware of the keys of the entrance and the cash storage place while working in a restaurant operated by the victim, and the liability for the crime is minor;

(c).