A defendant shall be punished by imprisonment with prison labor for four 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

On February 10, 2018, the Defendant: (a) around 07:02, the victim D in Young-gu, Suwon-si, Suwon-si, was “E gas station” operated by the victim D; (b) and (c) went to the above gas station office and intruded the victim’s cash, which was located within the payment period; and (d) stolen the said office with the victim’s cash, which was located within the cash withdrawal.

Accordingly, the defendant stolen the victim's property by intrusion on the structure managed by the damaged person at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Attachment of data verifying the time during which water sources are located in the station;

1. Application of the Acts and subordinate statutes on CDs and ctv video data;

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

1. Application of the sentencing criteria [Scope of the recommended punishment] thief for general property: The area of special mitigation (special mitigation for four months to one year) (special mitigation for four months) (special mitigation for one year and six months) / Where a crime of living or an indoor residential space intrudes into any place other than an indoor residential space (four types);

2. After becoming an adult, the Defendant again committed the instant crime even though he/she had been subject to a three-time fine for fraud. The Defendant, who was pretended to charge Handphones, stolen money and consumed it for accommodation, etc.

However, the amount of damage is only 40,000 won, and even if there was a lot of money in the gas station at the time, the defendant seems to have stolen only to the extent necessary for accommodation expenses, etc.

In the case of intrusion of the accused, it is a gas station building which has a relatively low interest in protecting the peace of residence as a commercial space.

The Defendant recognized the mistake of this case and reflects it.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.