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 became final and conclusive.

Punishment of the crime

1. On February 5, 2016, at around 05:33, the Defendant came to a “E cafeteria” building operated by the victim D in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. On the top of the 2nd floor, the Defendant opened a lower table to the lower body of Fi30 passenger cars parked under the lower body of the 2nd floor, and opened the 1,000 won total of KRW 1,000,000, which is the victim’s possession, located in the Kashter.

Accordingly, the defendant stolen the victim's property by destroying and impairing part of the structure at night.

2. On February 5, 2016, around 06:35, the Defendant: (a) committed a theft of intrusion on a night structure, on the “I restaurant” operated by the victim H in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu; (b) opened an entrance by using a key that was under the storage of the said restaurant entrance; and intrudes into the said restaurant; (c) 50,000 won, which was 50,10,000 won, which was 1,17,000 won, and was 1,7,000 won, which was the victim’s possession in the said restaurant credit cooperative; and (d) cut off with 50,000 won, 50,5,000 won, 10,100 won, 27,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police with H;

1. Written statements of D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification time during day), investigation report (the time of committing larceny of a structure at night);

1. Article 331(1), Article 330 (Special thief) of the Criminal Act concerning facts constituting an offense, and Article 330 of the Criminal Act (the occupation of larceny in case of intrusion on a structure at night);

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. One of the grounds for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is the mitigated area of Article 62(1) of the suspended sentence (the scope of recommended punishment) of the Criminal Act (the scope of punishment).