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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. From October 29, 2014, around 00:30 on October 29, 2014, the Defendant: (a) took advantage of the gaps in the D market located in Seo-gu Incheon, Seo-gu, Incheon; (b) took advantage of the gap in surveillance, the Defendant stolen the victim F’s market value equivalent to KRW 35,000, the victim’s market value of which is equivalent to KRW 35,000; (c) one cap and one cap and one cap of the amount equivalent to KRW 2,00,000, the victim’s market value of KRW 200,000.
2. On November 2, 2014, around 02:05, the Defendant: (a) went into the old agricultural products wholesale market located in 671, Namdong-gu, Incheon, Nam-gu; (b) and (c) committed theft by taking advantage of the gaps in surveillance negligence, the Defendant: (a) went into the old agricultural products wholesale market located in 671; and (b) took 400,000 won of the market price owned by the victim H; (c) 16 straws; and (d) 20,000 won of the market price of 50,000 won of the market price; and (e) 47,000 won of the market price owned by the victim I; and (e) 1 straws of them.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of F, G, J, H and I;
1. Application of the Acts and subordinate statutes to photographs, such as crime scene, damaged photographs, etc., photographs including damaged articles, and CCTV photographs at the time of intrusion of suspects;
1. Relevant legal provisions concerning facts constituting an offense, and Article 329 of the Criminal Act chosen to impose punishment (a comprehensive imprisonment, with prison labor), and Article 330 of the Criminal Act (a comprehensive imprisonment with prison labor), Article 330 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. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Application of the sentencing criteria;
(a) Basic crime: The types 4 (Special Convicting) (Special Convict) mitigated element for the larceny of general property on night buildings, intrusion (determination of types of punishment): In cases of intrusion into places other than indoor residential space, / Non-guilty of punishment (Scope of recommending punishment) from April to June;
(b) Concurrent Crimes: Larceny (Determination of types of punishment) against general property, and Type 1 (Larceny, etc.) (Scope of Recommendation), four months to eight months;
(c) Aggravation of multiple offenses: April to October; and
2. Determination of sentence: Six months of imprisonment;