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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 10, 2016, around 21:17, the Defendant opened and intruded a gate with which the victim D resides in the Guang-si, the Government of the Republic of Korea, and then stolen twice the total market price owned by the victim in the vegetable garden in which the victim was cultivated in the vegetable garden.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the suspect of the accused;
1. To make a report on internal investigation in the D's statement (to verify the victim's statement and the market hub);
1. Application of the Acts and subordinate statutes to visual brush photographs;
1. Article 330 of the Criminal Act in relation to the relevant facts of crime;
1. The reason for sentencing under Article 62(1)(the following favorable circumstances) of the suspended sentence of the Criminal Act [the scope of recommendation] / [Article 62(1)(the scope of recommendation / [Article 62(1)(1)(2) of the Act on the Suspension of Execution / [Article 62(1)(1)(1) of the Act on the thief for general property in cases where a person subject to special mitigation / [Article 4] intrudes into a place other than an indoor residential space, (Article 4) / The fine is not imposed (decision of sentence / The decision of sentence ] in cases where the defendant was sentenced to suspension of indictment for the crime
Defendant has been punished by a fine once for the same crime.
However, the defendant recognized his mistake and is in profoundly against himself.
The crime of this case seems to have been committed by contingency while drinking.
With minor degree of damage and agreement with the victim, the injured person does not want to punish the accused.
There has been no history of punishment in excess of fine until now.
In this context, the sentencing guidelines shall be determined by taking into account various sentencing conditions, such as the defendant's age, motive, means and result of the crime, and circumstances after the crime.