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1. The defendant shall be punished by imprisonment for one year;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On July 26, 2015, at around 23:27, the Defendant: (a) laid the glass window to E-art operated by the victim D in Daegu Northern-gu, Daegu Northern-gu; (b) destroyed the glass window of the camping-gu, and collected the finger from the mate, thereby causing a theft of 2:00 tobacco equivalent to KRW 9,00 in the market price owned by the victim at that location.
2. On March 2015, the Defendant: (a) was stolen by taking advantage of the gaps in which the surveillance of the said victim was neglected in the lower patrol force; and (b) brought about two cigarettes of tobacco equivalent to KRW 9,000 at the market price in the display stand.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Report on results of field identification, on-site photographs, and each photograph;
1. Application of Acts and subordinate statutes to investigation reports (specific suspects);
1. Relevant Articles 331(1) and 329 of the Criminal Act concerning criminal facts, the choice of punishment, and Articles 331(1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Scope of the recommended punishment according to the sentencing guidelines - Type 1 (Scope of Recommendation) - Where the basic area (one year or two years and six months) of the theft in general property (a person who is specially mitigated) (a person who is specially mitigated) intrudes into any place other than indoor residential space (Kinds 4) / Night-time damaged buildings, etc. (Kinds 4) - / The scope of Recommendation / The scope of general property / The mitigated area (four months or ten months) [the mitigated area of general property / the mitigated area (4 months to 10 months) of the mitigated area (a person who is specially mitigated) of the mitigated area (a person who is subject to punishment] [a person who is subject to punishment : one year or two years and Nov. 1, 200;
2. Consideration - favorable circumstances: reflectivity, the victim's non-won to punish some crimes, the victim's no record of criminal punishment; unfavorable circumstances: The suspension of indictment for the same kind of crime is taken into account - Other various sentencing conditions specified in the records of this case.