A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 3, 2015, around 02:35, the Defendant: (a) laid and damaged a gate of the Maart set of Cran-gu, Chungcheongnam-gu, Seoul; (b) intruded the inside of the entrance, and then invaded into the entrance, and then stolen 7:50 cigarettes of the amount of KRW 3,375,00 at the market price of the victim D, which was displayed at the display site of the Kabter, and 30,000 won in cash in the Kabter.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. A report on occurrence of a crime and a report on each investigation;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on the scene of crime, photographs of damaged articles;

1. Article 331 (1) of the Criminal Act applicable to the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Six months to five years from the scope of applicable sentences in law; and

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types of punishment] 4 (Special Larceny) (Special Convicts) - Where a person intrudes into a place other than indoor residential space (type 4) - In the event that the mitigation factor intrudes into a place other than indoor residential space (decision of the recommended area] - Special mitigation area [general ] - There is no record of reflective criminal punishment against which the mitigation factor is serious [the scope of recommending punishment] from April to June 1.

3. Although the nature and circumstances of the crime of this case are not good, the defendant is the first offender, the defendant is recognized to commit the crime of this case, and his depth is divided, tobacco out of damaged articles was recovered by 35. The defendant wanted to support the defendant's wife, the defendant must support his wife and her children, the statutory punishment for special larceny of this case is one year to 10 years, and the minimum punishment for the wife which has undergone discretionary mitigation is six months. Thus, the defendant cannot be sentenced to imprisonment for less than six months without any further legal mitigation.