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A defendant shall be punished by imprisonment for not more than ten 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.
Reasons
Punishment of the crime
At night, the defendant had a mind that cash, etc. can be stolen by entering a cafeteria which is unfolded.
On October 11, 2015, at around 03:15, the Defendant went into the D restaurant operated by the victim C, which was not corrected in connection with the D restaurant, and went into the said restaurant and carried 80,000 won in cash in the Kitter’s treasury. From around that time to October 25, 2015, the Defendant intruded the victims’ stores by the aforementioned method as indicated in the attached list of crimes, and carried the victims’ cash, etc. over four times, and failed to bring the victims’ goods, etc. over three times, and failed to complete that purpose.
Accordingly, the defendant attempted to steal or steal the victims' property.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. Each statement of G, C, H, I, and J;
1. A protocol of seizure and a list of seizure;
1. Each report, each internal investigation report, each investigation report, and each investigation intelligence report;
1. Application of Acts and subordinate statutes to each photograph, request for video analysis, and report on video analysis;
1. Relevant Articles 330 (a thief by intrusion on a structure at night) and 342 and 330 (a thief by intrusion on a structure at night) of the Criminal Act concerning facts constituting an offense under the relevant provisions of the Criminal Act;
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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant repeatedly committed an act of larceny by intrusioning on an empty shop at night, and thus, the offense is not light, but is an initial crime without any criminal record, and the value of the stolen goods is not a large amount, but some of them are returned to the victim, and have been recovered from damage or have been agreed with the victim, and that the Defendant does not repeat the offense with a misunderstanding.
In consideration of the fact that the execution of a sentence is being suspended, the execution shall be suspended.
b. The age, sex, family environment, motive and circumstance of the crime, means and result of the crime, after the crime.