Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

, however, for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendants conspired to steal another's bicycle in combination with two balls.

1. At around 23:00 on June 19, 2015, the Defendants: (a) committed a theft by taking a 3,000,000 won of the market price managed by the victim C, who was placed in a scam for theft, while carrying a scambling machine in the vicinity of the bicycle scamba-dong, Seocheon-gu, Seocheon-gu, Seocheon-si; (b) carried a scambling machine in advance, and colors the bicycle to be stolen.

As a result, the Defendants committed a theft of another's property jointly.

2. On June 20, 2015, at around 04:15, the Defendants discovered that the victim E-owned market price is 170,000 won or less, and attempted to steal the same, among the Dos that colored the bicycles to be stolen by cutting the bicycles in front of the Nowon-gu Seoul Special Metropolitan City D, Seocheon-gu, 2015.

At this time, Defendant A reported the network around the region, Defendant B cut the bicycle locks by using a cutting machine prepared in advance, and the witness who was in the surroundings did not bring his intention to report to the police, but did not escape and attempted.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Each written statement of C;

1. Application of each protocol of seizure, list of seizure, and photographs of damaged articles;

1. The Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act (the occupation of special larceny), and Articles 342 and 331(2) and (1) (the occupation of attempted special larceny) of the Criminal Act;

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. The Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Do1448, Apr. 1, 2009)

1. Defendants on probation: Article 62 (1) of the Criminal Act (the same shall apply to the grounds for discretionary mitigation);

1. Defendant B: Article 48 of the Criminal Act.