A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 30, 2015, around 02:25, the Defendant moved to the main entrance of “D” in the name of “D,” which was operated by the victim C, at the time of the Government-si, at the above main entrance, and used the Defendant’s knowledge that the Defendant was going to the front of the entrance while leaving the entrance at the above main entrance, opened the entrance and intruded into the entrance, and then, took 312,000 won in cash owned by the victim in the above safe.

Accordingly, the defendant stolen another's property by intrusion upon a structure that people receive at night.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Investigation report by the prosecution (to hear statements by a victim's telephone and report);

1. A police investigation report (CCTV counter-investigation) and a CCTV-cap photograph;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 330 of the Criminal Act applicable to the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : Where the mitigation area of category 4 (Crime of Larceny) (Class 4) and the mitigation area (Class 4) (Special Mitigation) (Class 4) and intrudes into places other than indoor residential space (Class 4): Imprisonment with prison labor for August 1 and 16 (Pronouncement 8 months) and the period of suspended sentence 2 years disadvantageous to the suspension of execution: Crimes by using personal trust relationship in advance, the victim and not agreement, and the uncontributing full recovery of damage. The favorable circumstances are not reflects on one’s mistake; the amount of damage to the victim; the defendant’s age, character and behavior, intelligence and environment; relationship with the victim; motive, means and consequence of the crime; circumstances after the crime; etc.; and other factors of sentencing as prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition for the above reasons.