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A defendant shall be punished by imprisonment for six 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. On October 13, 2013, at around 01:50, the Defendant: (a) went to a D restaurant operated by the victim C in Gwangju Seo-gu; (b) went into the restaurant beyond the window of the said restaurant that was not corrected by using any cresh in the said restaurant; and (c) went into the restaurant; and (d) stolen the cash receipt and disbursements of the amount of KRW 40,000,000 in the market price owned by the victim in the said restaurant; and (c) went to the restaurant.
2. On October 25, 2013, around 02:50 on October 25, 2013, the Defendant opened the next cafeteria by using any cres in the said cafeteria, and intruded into the cafeteria, and then, the Defendant opened a money receipt and disbursement machine in the said cafeteria and stolen KRW 30,000 in cash owned by the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement prepared in C;
1. Application of statutes, such as on-site photographs, and on-site photographs;
1. Article 330 of the Criminal Act concerning the facts constituting the crime;
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. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are as follows: (a) in light of the fact that a defendant was subject to suspension of indictment or juvenile protective disposition several times as a thief, he/she committed larceny and stolen property by intrusion on another person’s restaurant over two times again, it is deemed that a strict punishment is necessary for the defendant; (b) the defendant is divided and reflects his/her mistake; (c) the defendant has no record of criminal punishment; (d) the defendant did not have a relatively little amount of damage; and (d) he/she agreed with the victim only smoothly after committing the crime; and (d) other factors of sentencing, such as motive, means and consequence of the crime in this case, circumstances after committing the crime, the defendant’s age, character and behavior, family environment, etc., the execution of the sentence is suspended as ordered;