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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.
Reasons
Punishment of the crime
The Defendant served in the “D” operated by the Victim C (Scambling and Scambing Specialized Point) in the north-gu B at the port of port.
1. On July 10, 2015, the Defendant: (a) opened an entrance of a motor vehicle; and (b) took a 170,00 won black box in the market value owned by the victim, with the key kept by the victim E, who was parked in front of the D office on July 10, 2015.
2. At night, the Defendant: (a) attempted to steal cash stored in a D office; (b) opened a D office entrance, which was in the middle of August 2015, with the key that was kept at around 20:00 square meters; (c) and (d) took a 670,000 won in cash, which was the victim’s possession of the said office; and (d) took a theft of the said office.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon structure at night) on criminal facts and Article 329 of the Criminal Act (a thief by imprisonment and a choice by imprisonment);
1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be aggravated for concurrent crimes with the punishment prescribed for larceny against a structure at night with heavier punishment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. Crimes No. 1 in the sentencing guidelines [the scope of recommending punishment] 4 types of larceny in general property (the scope of punishment) [the scope of punishment for a person subject to special mitigation] / [the scope of punishment for a person subject to recommendation] 2 types of larceny in general property (the scope of punishment for a person subject to special mitigation] in the mitigation area (the scope of punishment for a person subject to special mitigation) / [the scope of punishment for a person subject to special mitigation] in the mitigation area (4 months of imprisonment or 10 months of imprisonment] in the mitigation area (the scope of punishment for a person subject to special mitigation] in the mitigation area of punishment for a majority of crimes punishable by living: Imprisonment for 8 months or imprisonment for a year:
2. Circumstances unfavorable to a sentence: The Defendant committed the instant crime by using personal trust relationship with the victim; the Defendant committed the instant crime without being limited to a single offense; and the Defendant committed the theft during the commission of intrusion; and the victim.