Defendant

A Imprisonment for 10 months, Defendant B and C shall be punished by imprisonment for 8 months, respectively.

However, the defendant C is subject to objection.

Punishment of the crime

At around 03:53 on September 22, 2015, the Defendants discovered that the victim H was locked from the driver’s seat while under influence of alcohol by opening a door for a car, and found that the victim H was locked from the driver’s seat. Defendant A and Defendant B reported the network in the surrounding areas; Defendant C, through a door open to the driver’s seat towards the driver’s seat and opened a door to the driver’s seat, on the side of the next receipt of the driver’s seat, the victim’s market price of KRW 1,00,000,000,000,000,000,000 are 3 smartphones and cash.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H and I;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes on police seizure records;

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

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (the following extenuating circumstances among the grounds for sentencing):

1. Defendant C with suspended execution: The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing) (hereinafter referred to as the “defendants”);

1. Defendant A and B [Scope of Recommendation] There is no basic area (8 to 2 years) of the basic area (8 to 3 years) of the theft against general property

2. Defendant C [Scope of Recommendation] The mitigated area (6-1 year) (6-1 year) of mitigation area for the theft of category 3 (large Larceny) general property; and

3. It is so decided as per Disposition by comprehensively taking into account all the reasons for sentencing following the decision of sentence:

- Unfavorable circumstances: (a) thefting a bank owned by a victim under the influence of alcohol; (b) Defendant A was punished for larceny, etc.; (c) committed the instant crime while being tried for the same kind of crime; and (d) Defendant B was sentenced to suspended sentence due to larceny; and (c) was currently sentenced to suspended sentence for larceny.