A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, as a result of having worked as delivery employee from the “D cafeteria” operated by the Victim C in Kimpo-si, Kimpo-si, with the intent to steal the property owned by the said victim.

1. Larceny;

A. At around 22:00 on December 15, 2016, the Defendant: (a) opened a door of the Espo-type car owned by the victim that was parked in front of the “D cafeteria”; and (b) stolen it with cash of KRW 500,000,000,000.

Accordingly, the Defendant stolen the property owned by the victim.

B. On May 29, 2017, around 22:00, the Defendant: (a) opened a door of the said Swiss car owned by the victim that was parked in front of the “D cafeteria”; and (b) stolen it with cash of one million won.

Accordingly, the Defendant stolen the property owned by the victim.

2. On May 29, 2017, the Defendant: (a) knew of the fact that at night, the instant “D cafeteria” around May 22:30, 201; (b) the Defendant was a delivery employee and the rear door of the said cafeteria was not locked; (c) and (d) he went into the rear door through a cresh and intruded by all employees; and (d) KRW 100,000,000,000,000,000,000,000,0000

In other words, they stolen them.

Accordingly, the defendant invadedd a structure at night and stolen the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on the site photographs of the case

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense (a thief by intrusion upon 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 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

A. The first crime [the scope of recommended punishment] indoors of the special mitigation area (4 months to 1 year and 6 months) (the special mitigation area) for the theft of general property.