A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On February 12, 2020, at around 21:19, the Defendant, a 17th floor apartment C-4Ra of Daejeon Seodong-gu, Daejeon P-dong 3-4, was stolen by taking 12 car-free rooms at the market price equivalent to 360,000 won, which was owned by the victim D (W, 38 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the D contains investigative reports (CCTV image), investigative reports (victimD telephone conversations), and 112 report processing reports;

1. Application of the statutes governing field photographs and CCTV image CDs;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with probation and community service order is a theft with the victim’s goods located in an apartment corridor without permission, and the quality of the crime is not good. Since 2013, the Defendant had been sentenced to a fine for larceny at least four times or by larceny. In particular, even if the Defendant was sentenced to a fine for larceny even in 2019, the Defendant did not meet one year and commits the crime of this case at the same time, and thus, the Defendant’s choice of imprisonment is inevitable and disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflects his mistake in depth, all damaged goods were returned to the victim, the victim did not want the punishment of the defendant, and the damage amount caused by the crime of this case is relatively small amount, etc. are favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, motive and means of the crime, circumstances before and after the crime, etc., and all the sentencing factors shown in the trial process.