[criminal history] Defendant A was sentenced to a suspended sentence of two years for one year of imprisonment for special larceny in the Daejeon District Court’s Branch Branch on April 11, 2017, and Defendant B was sentenced to a suspended sentence of six months of imprisonment for special larceny in the same court on April 11, 2017, and the said judgment became final and conclusive on April 19, 2017, and the Defendants are currently under the suspended sentence.

[2] On August 2, 2017, the Defendants entered food of KRW 108,138 at the market price, such as the 3rd place and the 18:12 on August 2, 2017, Defendant A went out of the calculation unit without calculating the above food, and Defendant B neglected to monitor employees by calculating other items before the calculation unit.

Accordingly, the Defendants committed a theft of the property owned by the victim jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (D CCTV investigation);

1. Investigation report (the attachment of photographs and receipts of damaged articles);

1. Previous convictions in judgment: Application of each inquiry report, investigation report (report on suspect's previous convictions and attachment of judgment) Acts and subordinate statutes;

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act

1. Defendants to be mitigated from the amount of punishment are inevitable on the grounds that they were committed during the period of suspension of execution due to the same kind of crime for sentencing under Articles 53 and 55(1)3 of the Criminal Act.

However, the amount of theft is small, and the punishment shall be determined as ordered in consideration of the favorable circumstances in which the victim has agreed with.