A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

At around 08:30 on March 24, 2013, the Defendant: (a) at the main point of “D” located in Suwon-si, Suwon-si, the Defendant: (b) laid the cell phone on the table; and (c) laid the victim F, who was on the side table while drinking two alcoholic beverages, laid the cell phone on the table table; (d) Ga, the victim’s cell phone, the victim’s market price of KRW 1,00,000,000, KRW 1,000,000, KRW 2,000, KRW 1,000, KRW 2,000, KRW 1,000, KRW 1,000, KRW 1,000, KRW 1,000, KRW 1,000, KRW 1,000, KRW 2,000, KRW 1,000.

Accordingly, the Defendant, together with E, stolen property equivalent to the total amount of KRW 1,012,00 owned by the victim.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement E in the police interrogation protocol of the accused;

1. Each police statement to F and E;

1. Each statement in the preparation of E, G, H, and I;

1. Police seizure records;

1. Application of the Acts and subordinate statutes on video recording CDs in on-site CCTVs, such as the place of criminal investigation, investigation report, field CCTV photographing photographs, the place of detection of seized objects, investigation reports (Correction of the facts of crime and investigation into the recovery of damaged objects), investigation report, investigation results report,

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Determination as to the defendant's assertion of innocence under Article 62-2 of the Probation Criminal Act

1. Although the defendant alleged that he applied the victim's mobile phone to E at the time, he did not have any intention to commit the larceny, there is no fact that he conspireds with E and theft.

2. Determination

A. The Criminal Act refers to the removal of possession of a person other than himself/herself from possession against the will of the possessor, and the removal of possession by himself/herself or a third party. The expression of intent of unlawful acquisition necessary for the establishment of larceny refers to the removal of right holder and the intention of use and disposal of another person's property as his/her own property, and the economic interest of the property permanently exists.