A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On October 27, 2017, the Defendant was sentenced to a suspended sentence of three years on November 4, 2017 to imprisonment with prison labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act), etc., in the support for childbirth of Suwon Friwon, and the judgment became final and conclusive on November 4, 2017.

[Criminal facts] On August 22, 2017, the Defendant: (a) filed a false report, which was located in Ansan-si, Masan-si; (b) on August 22, 2017; and (c) on the following grounds: (d) the victim D’s market value, which was kept in a new restaurant, was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. On-site photographs and closure photographs of on-site CCTV images;

1. Previous convictions in judgment: Application of a written reply to inquiries, such as criminal history (A), text of judgment (2017 Gohap 128);

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The Defendant committed the instant crime without being aware of the fact that he/she was under trial due to a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, as stated in the reasoning for sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as the grounds for sentencing) of the Criminal Act, is disadvantageous to the Defendant, such as the fact that the damage from the instant crime has not been recovered until now, and that he/she has the record of being punished for the same crime twice.

However, there is a relatively minor degree of damage caused by the instant crime, and the instant crime should be considered at the same time as the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., for which the judgment as indicated in the judgment has become final, taking into account favorable circumstances, and the overall sentencing conditions stipulated in Article 51 of the Criminal Act.