Defendant

A shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed against Defendant A for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On March 20, 2020, the Defendants of special larceny discovered one bicycle set of 80,000 won at the victim D's market price set up on the road in front of the Government of Gyeonggi-si, 13:10 on March 20, 2020, and Defendant B arranged the contents of the bicycle, and Defendant A carried the bicycle by riding or moving the bicycle.

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

2. On March 18, 2020, thief Defendant A had one bicycle of “examination money” worth KRW 400,000 at the victim F-owned market price, which was set up in the front report of 17:40 on March 18, 2020.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Partial statement of each police interrogation protocol against the accused;

1. Each statement of D and F;

1. A fire-proof report (on-site CCTV reading - Confirmation of the scene of crime);

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV investigations) on internal investigation (Gmamate search – verification of personal information of a suspected victim);

1. Relevant Article 331(2) and (1) of the Criminal Act (the point of joint larceny among the defendants), and Article 329 of the Criminal Act (the point of larceny by the defendants A and the choice of imprisonment) concerning criminal facts;

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 59(1) of the Criminal Act (the suspension of sentence: 6 months of imprisonment with prison labor and the circumstances described in the reasons for sentencing below) is as follows: The defendant committed a larceny other than special larceny, and led in the case of special larceny.

O favorable circumstances: The defendant did not have any criminal power, all damaged articles were returned to the victim, and the victim D did not want to be punished against the defendant.

O above unfavorable.