A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

1. On October 28, 2019, the Defendant: (a) carried out an external mail of the “D” restaurant operated by the Victim C, located in the Busan East-gu, Busan-gu, by cutting the key of the entrance door of the said restaurant, and intrudes the victim into the restaurant by opening and entering the corrected entrance, thereby bringing about a theft of KRW 50,000 in cash owned by the victim and bringing about a theft. On December 20, 2019, the Defendant stolen KRW 3 million in cash owned by the victim using the same method at the same place.

As such, the Defendant invadedd the victim’s structure more than twice at night, and stolen a total of KRW 8.5 million in cash owned by the victim.

2. On November 2019, the Defendant: (a) intruded the victim’s structure at the place specified in paragraph (1) at around 09:00, which was in line with the method specified in paragraph (1); and (b) took a theft of KRW 4 million in cash owned by the victim.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Application of video-related Acts and subordinate statutes, such as CCTV images and photographs, written in the police statement of C;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 330 of the Criminal Act ( point of larceny of each night structure), Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, and Article 329 of the Criminal Act, each of the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Since the sentencing criteria are not set for the crime of intrusion upon a structure, the following sentencing criteria for night buildings, intrusion upon a structure, larceny and larceny are effective to recommend that the lower limit should be observed:

2. Sentencing criteria for nighttime buildings, intrusion and larceny and larceny;

(a) Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

(b)the sentencing guidelines shall be recommended;