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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
Criminal facts
1. Special larceny;
A. At around 03:50 on November 10, 2017, the Defendant: (a) opened the said currency exchange machine in advance by putting the hacker (one "one omitted") in the gap of the currency exchange machine located in the hacker operated by the Defendant, using the hacker operated by the Victim C, and then cut off the cash amount of KRW 417,000 in the said machine.
B. On November 10, 2017, the Defendant stolen KRW 48,000 in cash within the currency exchange machine in the same manner as the description in the above paragraph (a) from the head of shooting game operated by D victim E at Yangsan-si on November 10, 2017.
2. An attempted special thief;
A. On November 10, 2017, the Defendant attempted to hold a cash exchange system using a decline in the same manner as described in paragraph 1(a), at a room of extraction from the victim G, F in Yangsan City F and 109 of the first floor level, on November 10, 2017, but failed to do so at the wind with an emergency level sound.
B. On November 10, 2017, the Defendant tried to call the currency exchange in the same manner as the description of paragraph 1 in a room opened by H victim I in Yangsan-si on November 10, 2017, but the sound was not formed by the victim’s wind, but attempted.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to I and E;
1. A written statement of C and G;
1. Records and photographs of seizure;
1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;
1. Articles 331 (2) and 331 (1) and 342 of the Criminal Act concerning the facts constituting an offense;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 (1) of the Criminal Act on the community service order;
1. Reasons for sentencing under Article 48(1)1 (No. 4 and 5) of the Criminal Act for forfeiture;
1. The scope of the final sentence due to the aggravation of multiple offenses in the mitigation area (from August to June, and from living penalty) of the mitigated area, the scope of the punishment for general property subject to the recommended sentencing criteria: August to February, 200; and
2. Sentencing.