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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 26, 2018, the Defendant, at around 02:37, on May 26, 2018, opened and arbitrarily opened a 'D' restaurant, which is a building managed by the victim C located in Guri-si, B, and caused the theft of KRW 441,00 in cash owned by the victim of the said restaurant transportation depository.
Accordingly, the defendant abusedd the building managed by the victim at night, and stolen cash.
On December 21, 2018, the Defendant: (a) around 00:30 on December 21, 2018, 2018, the Defendant opened a back door to the “D” restaurant, which is a structure managed by the victim C in the Gyeonggi-si, and opened the back door to the “D” restaurant, and carried the cash amount of KRW 2,00,000 owned by the victim, which was entered the knife credit cooperative.
Accordingly, the defendant invadedd the building managed by the victim at night and stolen the property owned by the victim.
Summary of Evidence
"2018 Highest 3137"
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. C’s statement;
1. The evidence list 6, 7 "2019 Highest 1646";
1. Defendant's legal statement;
1. Police and suspect examination protocol of the accused;
1. C's written statement;
1. Application of Acts and subordinate statutes to CCTV image data;
1. Article 330 of the Criminal Act concerning the facts constituting the crime;
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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Class 1 crime (eventime decision of type) thief [No. 4] thief [Special Convictf] - mitigated element: Reduction area of punishment [the area of recommendation and recommendation range] mitigation area, 8 months to 1 year and 16 months [the general person] mitigation element: serious reflectiveness;
(b) Second thief (eventime decision on types of larceny) (the decision on types of larceny).