A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On October 16, 2016, around 04:30 on October 16, 2016, the Defendant: (a) destroyed the entrance and exit rectification devices using a lapt operated by the victim D in Jung-gu Seoul Metropolitan Government, and then cut off the sum of KRW 773,500,000, including tobacco, etc. equivalent to KRW 373,50,000, in total, at the market price of KRW 373,50,00 from the payment period for the transfer of the lapt, the Defendant entered the lapt, into the lapt, and was in a tobacco display stand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant legal provisions concerning criminal facts, Article 331 (1) of the Criminal Act concerning the selection of punishment, and the choice of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 of the said Act)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] : (a) the basic area (one to two years) No. 4 types of theft in general property (special mitigation (special mitigation) / (four types) where a person carries a lethal weapon, or where a person intrudes into a place other than an indoor residential space (type (4) where a person carries a dangerous weapon, or where a person commits a crime at night, or where a person intrudes upon a structure that is damaged at night or at night, etc. (type (4)] / The decision of sentence] the defendant knowss and reflects the crime of this case; (b) damage recovery is almost possible because most damaged articles are seized and returned to the victim; (c) the defendant has no previous conviction other than a fine, and in particular, there is no same criminal conviction, such as the defendant's age, sex, and circumstances after the crime, etc., shall be determined as per the order.