A defendant shall be punished by imprisonment for four months.

However, 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 14:00 on September 7, 2016, the Defendant: (a) opened a entrance by using the victim’s cresh in the body of the victim C (n, 73 years of age) located in Seosan City, and entered the victim’s house and stolen cash 200,000 won, which is the ownership of the victim, and handphones in a amount equivalent to 200,000 won of the market value.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report on investigation (the details of recovery and unclaimed articles);

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Probation Criminal Act [Scope of Recommendation] : The mitigated area (4 to 10 months) of Part II (general larceny) (special mitigation) of the mitigation area (4 to 10 months) of the Criminal Act / [decision of sentence] of living types of crimes [decision of sentence ] Defendant again commits the instant crime even though he had the record of being punished three times as like crimes, it is necessary to make corresponding punishment.

However, the punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, criminal records, criminal records, circumstances after the crime, etc., which reflects the defendant's wrongness, the amount of damage is not significant, and substantial damage recovery has been made.