A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 22, 2020, the Defendant heard the horses that he acquired the keys of Otoba in the vicinity of the D convenience store located in Busan-gun, Busan-gun, while gathering from B (the suspension of indictment on the same day) the same month, which was known to ordinary people around ordinary times around the same month, the Defendant sought to steal Oba in the vicinity of the D convenience store located in Busan-gun, with B as the key of the Obaba, which requires the operation of the Obaba, along with B.

Accordingly, the Defendant and B moved from around 02:00 on August 23, 2020 to 02:00 to Ma, B, to 2.5 million won at the market price owned by the victim F, who was parked at that place, to the location of the Defendant, and the Defendant left the Dong as the key to the above Otoba, thereby getting off the Obaba together with B.

Accordingly, the defendant stolen the victim's property together with B.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and F;

1. A written statement prepared in the I;

1. Application of the following Acts and subordinate statutes to the content of the message from the Defendant and B, the investigation report (a evidence of the Defendant A), the investigation report (CCTV analysis), the CCTV-cape details, the investigation report (suspect B interview), the photograph of the damaged ozone, the 112 Report Processing List, the seizure report (voluntary submission), and the list of seizure lists:

1. Article 331 of the Criminal Act applicable to the crime and Article 331 (2) and Article 331 (1) of the Criminal Act of the choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da11448, Apr. 1, 2007) is that the instant crime committed jointly with another person and thus, the crime was stolen, and the nature of the crime is not good.

However, the fact that the amount of damage is not very significant, the crime was committed at the open place, the damage was returned or seems to be returned, and the defendant has no criminal record exceeding the same criminal record or fine.

In addition, this case's age, sex, environment, means and results of crimes, circumstances after crimes, etc.