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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] The Defendant was sentenced to six months of imprisonment with prison labor for larceny in Seosan Branch of the Daejeon District Court on August 26, 2010 and five times of criminal records of the same kind.
【Criminal Facts】
At around 04:00 on October 3, 2015, the Defendant: (a) opened and operated a door in the area of 573,00 won of the market value owned by the victim C; (b) one LPG gas tank in an amount equivalent to KRW 50,000 in the market value; (c) one plastic film in the city of the city; (d) one plastic film in agriculture; (d) one fluor in fluor; and (e) one fluor in fluor; and (e) one fluor in fluor; and (e) one fluor in fluor; and (d) one fluor in fluor; and (d) one fluor in a way that the market value was 1,50,000 won of the market value.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Seizure records;
1. Application of Acts and subordinate statutes to criminal records and investigation reports (former and report on confirmation);
1. Article 329 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;
1. Article 62 (1) of the Criminal Act (Consideration, recovery of damaged articles, motive for crime, scale of damage, etc.);
1. Probation under Article 62-2 of the Criminal Act;