However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

On January 2, 2020, at around 00:34, the Defendants: (a) extracted the type of the victim D operation in Bupyeong-gu Incheon Bupyeong-gu, Incheon; (b) between the victim’s location and the victim’s location, Defendant A was able to look at the network, thereby creating a crepan by cutting off the glass cover of the extracted machine; and (c) Defendant B, along with the above A, laid off one type of 20,000 won at the market price of the victim’s possession, which was contained in the crepane.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of the victim;

1. CCTV photographs taken on the face of a crime;

1. Application of Acts and subordinate statutes to the investigation report (No. 11 of the evidence list);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (each of the favorable circumstances among the reasons for sentencing as follows) of the suspended sentence;

1. Scope of applicable sentences under law: Six months to five years; and

2. The scope of recommending punishment according to the sentencing guidelines [decision of types]. The scope of larceny [type 2] general larceny [the scope of recommending area and recommending punishment] and the basic area of punishment, six months to one year and six months; and

3. The crime of this case was committed by the Defendants, jointly and severally, by taking out one form of a figure equivalent to KRW 20,000 of the market price owned by the victim, and the criminal liability is not less and less severe in light of the substance of the crime, and the circumstances unfavorable to the Defendants are recognized.

However, the Defendants’ confession to commit the instant crime, and the amount of damage to the instant crime is relatively small, the Defendants have no specific criminal power, and the Defendants have yet to commit any other crime, and the conditions of sentencing as set forth in the pleadings of the instant case, including the character and conduct of the Defendants, environment, motive, means and consequence of the commission of the instant crime, etc., shall be determined by taking into account the following factors: