The defendant shall be exempted from punishment.

Punishment of the crime

On September 25, 2013, the Defendant was sentenced to eight months of imprisonment for larceny, etc. at the Busan District Court on September 25, 2013, and the judgment became final and conclusive on October 3, 2013.

At around 02:30 on May 12, 2013, the Defendant discovered that the victim B was under the influence of alcohol in front of the department store after the department store, and then stolen Samsung Talopon smartphone in an amount equivalent to approximately 900,000 won at the market price of the victim’s inner machine in the latter part of the department store. The Defendant stolen one of Samsung Talopon smartphone in an amount equivalent to about 900,000 won at the market price of the victim’s inner machine.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Request for provision of communication data, or request for communication data;

1. Previous records of judgment: Results of case search bound in the records of public trial, application of a copy of judgment and Acts and subordinate statutes;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act (where judgment has been rendered simultaneously with larceny, etc. in a judgment which became final and conclusive, it shall be determined that he/she was sentenced to imprisonment for not less than eight months including the instant crime, and thus, he/she is exempted from punishment against the Defendant in this case