A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Punishment of the crime

[2018 Highest 172]

1. On April 16, 2018, the Defendant: (a) around 01:10 on April 16, 2018, the Defendant: (b) committed a theft of structures at night; (c) fishery products sales store operated by the victim C on the first floor of the building B at Seocho-si, Seocho-si; (d) obstructed the metal display stand, which was placed at the entrance of the said store at the end of the business, into the said store by pushing the said store by hand; and (d) stolen the said store with a cash of KRW 150,000,000,000 owned by the victim, which was kept in the plastic stop.

2. On April 17, 2018, around 00:51, the Defendant attempted to larceny a structure at night, and intruded into the said store in the same manner as described in paragraph (1) above, and subsequently, the Defendant did not commit an attempted crime without having to keep cash in the plastic stop.

[2018 Highest 312]

3. On May 7, 2018, the Defendant: (a) invadedd the said store on May 7, 2018 at night; (b) around 02:40, at the place indicated in the foregoing paragraph (1); and (c) invaded upon the said store in the same manner as indicated in the foregoing paragraph (1); and (d) stolen the said building with cash of KRW 88,00,000, kept in the plastic stop.

Summary of Evidence

1. The defendant's legal statement (the seventh trial date);

1. Each written statement of C;

1. On-site photographs, photographs of CCTV images to captures, investigation reports (Attachment of suspect arrest details and comparative photographs), identification reports, and CCTV video CDs;

1. Application of the Acts and subordinate statutes governing appraisal and reply;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (the points of larceny of night buildings), Articles 330 (the points of larceny of night buildings), 342 and 330 (the points of attempted larceny of night buildings) of the Criminal Act;

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. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act recognize the Defendant’s mistake, and the amount of the Defendant’s stolen money is not large.

Provided, That the defendant shall repeatedly commit the crime against the same victim.