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A defendant shall be punished by imprisonment for one year.
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 May 23, 2013, at around 01:00, the Defendant: (a) opened and intruded the victim C’s “E” restaurant operated in Gwangju Northern-gu, Gwangju; (b) entered the main hall via a separate hall; (c) took approximately KRW 100,000,000 in cash owned by the victim and the market price of the victim’s possession of tobacco at a tobacco display site; and (d) cut and stolen the victim’s share of two smokes of tobacco amounting to KRW 50,00 in the market price of the victim’s ownership.
2. Around 02:50 on May 27, 2013, the Defendant committed a crime against the Victim F, the Defendant: (a) opened a wall glass window with the victim’s 5 room room located in the Kattera-gun G and cut off with one iron safe with the victim’s cash 2.10,000 won.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to F and C;
1. Records of seizure and the list of seizure;
1. Application of each statute on 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation Order;
1. Imprisonment with prison labor for a period from one month to fifteen years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Basic crimes and concurrent crimes (determination of types) in which no person exists (a special person who has been punished) for the larceny of general property (the scope of recommending punishment) (a) [a person who has been punished by imprisonment for a period of one year to two years (basic area)] mitigation elements of two years and six months (basic area] mitigation elements - Where considerable damage has been restored;
(b) One year to three years from one year of imprisonment with labor for standards for handling multiple crimes (the lower limit of the scope of punishment for basic crimes shall be the lower limit of the scope of punishment, and the upper limit shall be 1/2 of the upper limit of the scope of punishment for basic crimes shall be added to the upper limit of the scope of punishment);
(c) Determination of sentence: Imprisonment with prison labor for one year, two years of probation, and probation order for this case, the defendant intrudes on any structure managed by others at night, and steals goods;