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A defendant shall be punished by imprisonment for not less than eight 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
On July 26, 2018, at around 03:14, the Defendant: (a) 80,000 won in cash owned by the victim; (b) 80,000 won in cash in the market; and (c) 10,000 won in the market price of 7,000,000 won in the front side of the Jongno-gu Seoul Metropolitan City hotel on July 26, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. The first written protocol concerning the examination of the suspect against the defendant;
1. A written statement of victim C;
1. A list of seizure records (voluntary submission), and a list of seizure;
1. 내사보고( 피해 품 추가), 내사보고( 사건 현장 CCTV 녹화 영상), 수사보고 (CCTV 녹화 영상 분석 ⇒ 피의자 범행 모습 확인), 수사보고( 피의자 특정) 법령의 적용
1. Relevant Article 329 of the Criminal Act, the choice of imprisonment and punishment for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of punishment by law: Imprisonment for one to six years;
2. Application of the sentencing criteria;
(a) Determination of types: thiefthief for general property (type 3).
B. There is no special sentencing factor:
(c) The sphere of recommendation and the scope of recommendations: Basic field, imprisonment for not less than eight months, but not more than two years; and
3. Determination of sentence appears to be contrary to the Defendant’s recognition of the instant crime, taking into account the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and the conditions of all kinds of sentencing as shown in the pleadings of the instant case, such as the circumstances after the commission of the crime, etc., the sentence identical to the order shall be determined.