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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 this judgment became final and conclusive.
Reasons
Criminal facts
Some of the facts charged were corrected.
1. At night, around 03:20 on June 19, 2018, the Defendant: (a) opened a gate not corrected in front of the residence of the victim C located in Seongbuk-si, Sungnam-si; and (b) invaded into that gate, and stolen goods worth KRW 1,249,690 on a total of 58 occasions from the time until March 4, 2020, the market price of the victim’s possession, which was 25,00 won, owned by the victim, who was suffering from the wall.
2. From July 25, 2018, around 04:30 on July 25, 2018, the Defendant stolen goods worth KRW 268,112, total market price, from around 12 times until March 3, 2020, from that time, after opening a trend owned by a victim, which was involved in a chemical group located in the victim E located in Sungnam-si, in front of the victim E’s residence.
Summary of Evidence
1. Application of Acts and subordinate statutes to the filing of documents of each case (No. 47 through 65 of the evidence lists), such as the scene pictures and photographs of each seizure protocol, written statements made by the defendant in court;
1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act concerning facts constituting an offense (the point of night larceny) and Article 329 of the Criminal Act concerning the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The scope of the applicable sentences under the law for the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the "special sentencing"), which is the legal range of the applicable sentences under the Act on the Suspension of Execution: at night (decision of types) the scope of the recommended sentences according to the sentencing guidelines for one month to fifteen years; the larceny in violation of the provisions for the general property [Type 4]: In case of intrusion upon the general property outside of indoor residential space [the area of recommendation and the scope of recommended sentences]: Reduction area; in case of intrusion upon the places outside indoor residential space (the area of recommendation and the scope of recommended sentences] mitigation area; in case of eight to one year [the general person] mitigation element; each larceny [decision of types of larceny] which has no record of criminal punishment; on the general property [the decision of types of larceny].