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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal records] On April 21, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny, etc. at the Seoul Eastern District Court and two years of suspended execution, and the judgment became final and conclusive on April 29, 2016.
[Criminal facts]
1. Larceny of intrusion on night buildings;
A. On December 9, 2015, the Defendant intruded into a restaurant operated by the victim D, the victim D, who had not been corrected by the victim D on December 9, 2015, and then discharged KRW 300,000,000 in cash, which is the victim’s possession, in such a place where the building was located.
They go back.
B. On December 9, 2015, the Defendant intruded with the victim F of the victim F of the △△△△ cafeteria operated by the Young-gu, Young-si on December 9, 2015, into the window that was not corrected to the inside of the building, and then disposed of KRW 2.60,000 in cash, which is the victim’s possession, in the carcter credit cooperative located therein.
They go back.
2. On December 9, 2015, the Defendant attempted to larceny at night buildings, following the intrusion into a restaurant operated by the victim H located in G in G in Young-si, Young-si on or around December 02:25, 2015, and the Defendant attempted to steal money and valuables, but failed to recover money and valuables.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of D, F, and H;
1. Previous convictions in judgment: The legal statement of the defendant, inquiry about criminal history, and application of the statute of evidence of criminal trial;
1. Articles 330 and 342 of the Criminal Act concerning the facts constituting the crime;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1548, Jan. 1, 2006) (see, e.g., Supreme Court Decision 2008Da1548, Jan. 2