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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 a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 9, 2016, the Defendant: (a) opened a gate at around 14:30 on April 9, 2016, which had not been corrected to the C church located in Busan Shipping Daegu; (b) opened and intruded into the 14:30 on April 9, 2016; and (c) laid down the unconstitutional box with a scarf tape on the 2nd floor of the said church by inserting the scarf tape into the scarf tape; and (d) cut down the amount of 200,000 won in cash by inserting the envelope.
2. On March 18, 2017, the Defendant: (a) opened and intruded with a entrance that was not corrected at around 11:11 on March 18, 2017 at the C church as stated in paragraph (1) around 11, 2017; and (b) attempted to steal cash in the same way as paragraph (1); (c) but did not have been discovered to the custodian D and did not commit an attempted crime.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to a record of seizure and a list of search and seizure, a criminal investigation report (to hear statements made by reference witnesses and attach data), two photographs, and one CD;
1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 329 of the Criminal Act that prescribes the choice of punishment (a point in Section 329), Articles 342 and 329 of the Criminal Act, and Article 319 (1) of the Criminal Act (a point of intrusion upon each building) (a point of imprisonment with prison labor), and Article 319 (1) of the Criminal Act (a point of intrusion upon each
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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. Protection and observation, and community service order under Article 62-2 of the Criminal Act;
1. The crime of this case with the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is committed by intrusion upon a church, thereby cutting down cash within the unconstitutional box and attempted to steal again, and is disadvantageous to the defendant, such as the nature of the crime is not good, and the defendant has a same criminal record.
However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, the amount of damage is not very significant, the defendant does not have any criminal record exceeding the fine, and the victim does not want the punishment against the defendant.
. Other defendant.