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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
On October 9, 2016, the Defendant: (a) around 09:10 on October 9, 2016, at the Maurel operated by the victim D in Seojin-gu, Seojin-gu; and (b) after not having been corrected, entered the Maurel and had 18 air cleaners equivalent to the total market price of KRW 540,000 in the multi-use room.
Accordingly, the defendant stolen the property owned by the victim by intrusion on the structure managed by others.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Photographs of damaged articles;
1. Application of Acts and subordinate statutes to investigation reports (on-site investigation and specific relation to the suspect), investigation reports (related to the damaged goods), investigation reports (related to the market value of the damaged goods), and investigation reports;
1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and selection of fines concerning the crime;
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. Penalty fine of KRW 1,000,000 to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. It is so decided as per Disposition by the assent of all participating Justices on the grounds that Article 59(1) of the Criminal Act of the Suspension of Sentence (the fact that the defendant is seriously against the defendant's wrongness, the defendant's livelihood as a basic living recipient is very rough and difficult, the symptoms of depression are experienced, the damage is relatively minor, and the defendant has little economic benefits from the crime of this case) is above Article 59(1) of the Criminal Act.