A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

At around 13:50 on November 26, 2013, the Defendant entered the “D” first floor clothing store located in Jung-gu Seoul Metropolitan Government, and displayed in the store by taking advantage of the gaps of surveillance negligence of the victim E (the age of 26) who is a security personnel, committed violence, such as putting the victim’s chest and breaking the victim out of the store, putting him/her out of the store with 11 garment of clothing of 213,900 won, and putting them in the shopping bag which he/she had a total market value of 213,90 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The statements of witnesses E and G in the second protocol of the trial;

1. Investigation report (the verification report at the scene of the crime committed by the accused A);

1. Receipts, investigative reports (verification reports on the scene of crimes A by the accused), appended documents-design drawings, photographs, and photographs showing CCTVs;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 335 and 333 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 62(1) of the Criminal Act (the grounds for discretionary mitigation)

1. The summary of the assertion did not have attempted to steals clothes, and even if such facts were recognized, there is no fact that the Defendant attempted to flee out of the burial because it would be likely that the status of the illegal aliens would be detected, and that the Defendant used assault to the victim for the purpose of evading arrest.

2. Determination

A. The following circumstances acknowledged based on the evidence revealed prior to the existence of theft, namely, ① even though the instant store was placed in various places, such as both sides of the upper and lower parallel line, and the entrances of each floor, the Defendant contained the 11 point of the instant clothing that did not remove the security text, as it did not combine the two shopping bags he/she had, instead of shopping-use sludge, with the two remaining in the shopping bags that he/she had.