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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
Punishment of the crime
1. The indictment for the larceny of night buildings, and the attempted larceny of night buildings included the phrase “evening larceny” and “evening to commit robbery at night.” However, there is no indication as to the fact that the place of damage was used as a church building as a residence, and there is no evidence as to this.
Therefore, this part seems to be erroneous and there is no risk of causing substantial disadvantage to the defendant's exercise of his right to defense, so it is corrected and recognized ex officio.
On October 28, 2018, at around 06:40, the Defendant entered the Diplomatic Association administered by the victim C, who was located in Seojin-gu Seoul Special Metropolitan City, into the first floor, and went into the Diplomatic Association, which was installed at the entrance of the said Association, with blue tape attached to the church gold box, and taken up ten 10,000 won in total by cutting out 10,000 won of the unconstitutional plastic bag attached to the said tape and cutting out the unconstitutional plastic bag attached to the said tape, and then did not commit an attempted act because it did not contain a total of seven times from around that time to November 25, 2018, total amount of KRW 1,90,000,000 in cash as indicated in the attached list of crimes.
2. On November 5, 2018, the Defendant attempted to larceny: (a) around 07:10 on the following occasions: (b) 07:10, the Defendant: (c) concealed the unconstitutional box of the above church that was managed by the said victim in a lush and colored cash that would be stolen; (d) but (c) did not
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A criminal investigation report (a photograph of a photograph taken over at the ctv at the time of criminal conduct);
1. Application of Acts and subordinate statutes on seizure records;
1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and the choice of punishment under Article 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Confiscation Article 48 of the Criminal Act