Defendants shall be punished by imprisonment for six months.

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

Punishment of the crime

[Criminal Records] Defendant A was sentenced to imprisonment with labor for a maximum of two years and six months with labor for special larceny, etc. at the Incheon District Court on January 11, 2017, and two years with a minimum of two years, and the judgment became final and conclusive on January 19, 2017.

[2] On April 18, 2013, at around 01:25, the Defendants and the persons under whose name the Defendants got off the F&L car in the amount equivalent to KRW 10 million at the market price owned by the victim E, which is parked in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. Defendant B and the persons under whose name the Defendants reported the network, Defendant B and the persons under whose name the name were in mind, opened and enters the steering place by using the pre-determineds, and Defendant A, using the key to the above car which was kept in custody, went to the Si dong by using the key to the above car which was kept in custody, and driven to the Si Do 104-31 B B B B B B B B B B B B B, and then was driven to the 10,000 won B B B B B B, which was in cash in the vehicle after parking the car at that place.

As a result, the defendants stolen the victim's car in collaboration with the non-titled person.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. A written appraisal;

1. Previous conviction (Defendant A): Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reports (Attachment to judgment);

1. 범죄사실에 대한 해당 법조 ▷ 피고인들 : 각 형법 제 331조 제 2 항, 제 1 항

1. 경합범처리 ▷ 피고인 A : 형법 제 37조 후 단, 제 39조 제 1 항

1. 작량 감경 ▷ 피고인들 : 각 형법 제 53 조, 제 55조 제 1 항 제 3호

1. 집행유예 ▷ 피고인들 : 각 형법 제 62조 제 1 항 양형의 이유

1. Scope of the recommended sentences according to the sentencing criteria;

A. Defendant A’s crime of this case is one of the concurrent crimes as stated in the judgment and Article 37 of the Criminal Act, and the sentencing criteria do not apply.

B. Defendant B [the scope of recommended punishment] Basic area (from June to one year and six months) (no person who is subject to special sentencing) of the thth category (general larceny) on general property

2. The instant crime committed by the Defendants is that the Defendants open the door of the vehicle at night and drive the vehicle as they are.