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1. The defendant shall be punished by imprisonment for six months;
2.Provided, That the above sentence shall be executed for one year and six months from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
The defendant is a fish container installer.
1. A theft: (a) around 18:30 on October 24, 2019, the Defendant cut off, using a multi-purpose cable, the sum of the market value of the victim C owned by the victim, which was set up on the rooftop of the building B located in Bupyeong-si, Seocheon-si, B, and cut off, and loaded the said outdoor equipment on his/her truck.
2. The Defendant attempted to larceny, at the time and time as described in the preceding paragraph, tried to separate the victim C’s market value, which was set up on the front line of the building and the victim C, and two air condition air conditioners, the market value of the victim D, respectively, from the electric wires by the aforementioned method, and attempted to steal the victim C, and did not commit the attempted theft.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. A written statement of C and D;
1. Application of Acts and subordinate statutes to field photographs, CCTV, and estimates;
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and Articles 342 and 329 of the Criminal Act (the point of attempted larceny and the choice of imprisonment);
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. Probation and the reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order: (a) the Defendant stolen or stolen the victim’s air conditioners or steals the victim’s air conditioners; and (b) even if the amount of damage is not so significant, the Defendant did not suffer any damage therefrom; and (c) thus, the Defendant is not subject to liability
(In addition, the defendant has been punished for the same crime as a crime concerning the theft of outdoor air condition. However, the defendant shows his attitude to recognize and reflect all crimes, and all damaged articles have been returned to the victims, some crimes are about attempted crimes, and the execution of imprisonment is suspended considering all of the conditions of sentencing, such as the defendant's age, character and conduct, circumstances of crimes, after crimes, etc., and probation and community service.