A defendant shall be punished by imprisonment for six 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

The defendant, together with C, came to a church and gathered rice, molds, powder, etc.

Accordingly, on June 7, 2013, at around 18:15, the Defendant went into the E church located in Eunpyeong-gu Seoul Metropolitan Government D, through the entrance without locking with the above C, and then intrudes into the above church’s underground restaurant, and the Defendant, who is viewed as the network, cited the amount of KRW 10,000 won of rice owned by the victim F, which is managed by the victim F of the above church.

As a result, the Defendant, together with the above C, stolen the property by entering the building managed by others.

Summary of Evidence

1. Statement by the defendant in court;

1. CCTV photographs from crime scene;

1. Application of Acts and subordinate statutes to report on investigation (report on the binding of copies of judgment text);

1. The prosecutor under Article 31(2) and Article 331(1) of the Criminal Act regarding criminal facts and Article 2(2)1 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014) have instituted a public prosecution by applying Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014). Since Article 2(1) of the same Act was deleted in accordance with the purport of the Constitutional Court’s decision of unconstitutionality as of January 6, 2016, which was the date of prosecution, following the amendment of the above Act, Article 2(2) of the former Act citing the crimes prescribed in Article 1(1)1 of the same Act and Article 2(2)1 of the current Act citing the same type of provisions, Article 2(2)1 of the same Act provides for the crime of this case without modification of the indictment.

Article 319(1) of the Criminal Act (the point of intrusion upon a structure and the choice of imprisonment)

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavy special larceny);

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 factors, such as favorable circumstances, etc. among the reasons for sentencing);

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the following sentencing grounds)