Text
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
, however, from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Defendant A’s criminal records” was sentenced to two years of suspended sentence of imprisonment with prison labor for the crime of destroying special property on February 19, 2016, and the judgment became final and conclusive on February 27, 2016.
[Criminal Facts]
1. On August 17, 2007, the Defendant: (a) opened a gate in front of the office of D Private Teaching Institutes located in Ansan-si, Masan-si; and (b) intruded into the entrance; (c) then, the Defendant stolen the Plaintiff’s cans owned by the victim E, with one cell phone and one unit of PSP game machine, and one unit of PSP game machine and six units of gift certificates of KRW 5,000 with property worth KRW 360,000,000 in total.
2. Defendant A and Defendant B, around 12:00 on September 6, 2010, removed the window for the crime prevention of toilets using dracker on the front of the dracker, entered the window for the crime prevention of toilets, and subsequently stolen them together with one swine f1, which contains a sum of KRW 70,000-80 to 80,000 in cash owned by G.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each written statement of E and G preparation;
1. On-site photographs of the theft incident of each DNA driving school, and each drone photograph;
1. Previous convictions: (A) a response to inquiries, such as criminal history, (A), a report on investigation (Attachment to A), a copy of the Decision 2015 Goosan 3921, and the application of the Act and subordinate statutes of the case;
1. Relevant legal provisions concerning criminal facts;
(a) Defendant A: Article 330 of the Criminal Act (a) and Article 331(2) and Article 331(1) of the Criminal Act (a special larceny point);
B. Defendant B: Article 331(2) and (1) of the Criminal Act
1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);
1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act (the confessions made by and against the Defendants, Defendant B did not have any punishment exceeding the fine; the crime in this case was committed when the Defendants were minors, and the theft amount is relatively small amount)
1. Defendants on probation: Article 62 of the Criminal Act.