A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On September 10, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny at the Suwon District Court on September 10, 2015, and the said judgment became final and conclusive on September 24, 2015.

【Criminal Facts】

1. On January 31, 2015, around 04:00 on January 31, 2015, the Defendant, along with C, carried out a cell phone with the victim who was diving at the “E” set aside in Gwangjin-gu Seoul Special Metropolitan City, with C, around January 31, 2015. Around 04:0, the Defendant reported the network, and C had one mobile phone with LG option Ⅲ G mobile phone with the market value equivalent to one million won, the victim’s market value of which is the victim, and one mobile phone IV, the victim’s market value of which is not known, with the victim’s KRW 1,00,000,000, Samsung G G G mobile phone with the cell phone value equivalent to one million won.

Accordingly, the defendant stolen the victims' property jointly with C.

2. On February 2015, the Defendant, along with C on February 2, 2015, carried out a cell phone from a person who was diving at a sobrying place where it is impossible to know the trade name in the hydro-gu, Sungnam-si, Sungnam-si, with C, and the Defendant reported the network and carried out one set of Samsung Ggalthrop phones III mobile phones equivalent to KRW 900,000 in the market value of the victim, whose name is unknown.

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

Summary of Evidence

1. Defendant's legal statement;

1. Copies of prosecutor's office and police interrogation protocol regarding C;

1. A copy of each statement of F and G;

1. Previous convictions: Application of Acts and subordinate statutes to residents, criminal investigation inquiry reports, investigation reports (prior convictions under the latter part of Article 37 of the Criminal Act of a Suspect)

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act for concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with punishment provided for special larceny on or around January 31, 2015, heavier than punishment)

1. Discretionary mitigation is favorable to the defendant, which is written in the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act.