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

1. On April 19, 2015, the Defendant: (a) around 02:25, the thief had a member C; (b) “D” had a gallon 3 mobile phone 1,200,000 won of the market price, which was located adjacent to the victim, using a cresh or cresh in the victim E; (c) had one gallon 1,200,000 won of the victim’s clothes; and (d) had one gallon 1,80,000 won of the cash in the victim’s possession, using the key to the clothes.

Accordingly, the defendant stolen the victim's property.

2. On April 22, 2015, the Defendant: (a) obtained one gallon cell phone of an amount equivalent to KRW 600,000,00,000 at the market value of the victim F in the underground level near the Ansan Station; (b) but did not take necessary procedures, such as returning it to the victim; and (c) did so.

Accordingly, the defendant embezzled the property that has been separated from another person's possession.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Police seizure records;

1. Application of Acts and subordinate statutes, such as the investigation report (CCTV analysis No. 6), relevant photographs (No. 7, 10, 20) and investigation reports (G CCTV analysis, etc.) (No. 22);

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] : Offenses subject to sentencing under Article 62(1) of the suspended sentence: Many criminal guidelines for mitigated areas of category 2 (General Larceny) and mitigated areas of general property: Crimes that are concurrent between crimes for which the sentencing guidelines have not been set: The lower limit is based on the lower limit of the crime for which the sentencing guidelines have not been set. [Pronouncement decision] unfavorable circumstances: (a) a person for a same criminal offense is one time; (b) a person for a same offense has not been fully recovered from damage to a larceny; and (c) a person for a mobile phone from among the damaged items in the judgment has been recovered.