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A defendant shall be punished by imprisonment for not less than one year and 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
[criminal power] On April 2, 2019, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for night building intrusion larceny at the Sungnam District Court's Sung-nam branch on the part of the Defendant, and the said judgment became final and conclusive on April 10, 2019.
【Criminal Facts】
1. A person who receives a notice of call-up to social work personnel service on the 2019 Highest 509 Act (Violation of the Military Service Act) shall comply with the call-up within three days from the date
around November 1, 2016, the Defendant shall enlist in the Seoul Regional Military Manpower Office by November 25, 2016, 09:00 on November 25, 2016, located in 43-gil 13, Young-gu Seoul Regional Military Manpower Office.
“(1)” did not respond to the call-up without good cause within three (3) days from the date of the call-up to the social work personnel service.
2. The Defendant of Gangnam-gu Seoul, Seoul, where he works as a part-time trawer, has the key to D's office in the operation of the Victim C Co., Ltd. in Gangnam-gu, Seoul, where he works as a part-time trawer, thereby attempting to steals money and valuables by intrusion into the above gas station office at night.
On January 18, 2017, at around 04:11, the Defendant opened the entrance door of the above gas station office as a key and intruded into the office inside, and thereafter, the Defendant took a theft with the sum of KRW 1,234,400 in cash owned by the Defendant and the victim in the money receipt and disbursement machine.
Summary of Evidence
1. Previous convictions in the judgment: One copy of the judgment rendered by Suwon District Court Branch, 2019Kadan2377, and one copy of the printing and searching of related Nabs, "2019 Godan509";
1. Defendant's legal statement;
1. A written accusation;
1. A notice of prior service to social work personnel, and a receipt of a notice of call-up to social work personnel service: "2019 order731";
1. Defendant's legal statement;
1. E statements;
1. Data to cut off the CCTV;
1. Application of Acts and subordinate statutes to report internal investigation (victim E phone statement);
1. Article 88 (1) 2 of the relevant Act on Criminal Facts (a point where a person avoids the call-up of social work personnel) and Article 330 of the Criminal Act;
1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;