A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 6 shall be returned to the victim B.

Criminal facts

1. On September 201, 201, the Defendant: (a) committed theft with one cell phone call (three-dimensional), and four foreign currencies, in which the market price owned by the victim D was unknown, entering the victim D’s house located on the second floor in Daegu-gu, Daegu-gu, Daegu-gu, and with four foreign currencies, around September 201.

2. On September 201, 201, the Defendant acquired one set of mobile phones of an amount equivalent to 850,000 won at the market price of which the victim B was located in the alley-gu, Daegu-gu, in a galgal lusium, in which the victim B lost, on the alleyway located in the middle-gu, Daegu-gu, Daegu-gu.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

3. The Defendant in violation of the Military Service Act is one of the public interest service personnel serving in the office F of the Seogu Office in Seogu, Daegu-ro 45, Seogu.

No public duty personnel shall desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, from September 14, 201 to September 16, 2011, was absent from service for at least 3 days, from September 19, 201 to September 23, 2011; from September 23, 2011 to September 23, 201; and from September 26, 201 to September 28, 201, the Defendant was absent from service for at least 8 days in total due to the Defendant’s failure to work at the Seo-gu Office of the relevant month for at least 11 days without justifiable grounds.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Police seizure records;

1. A criminal investigation report (victim B's statement);

1. Application of the Acts and subordinate statutes to a charge, a written investigation of departure from service, or supplemental service record table;

1. Article applicable to criminal facts;

(a) Larceny: Article 329 of the Criminal Act;

(b) Possession embezzlement of stolen objects: Article 360 (1) of the Criminal Act;

(c) Deserting from service: Subparagraph 1 of Article 89-2 of the Military Service Act;

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act begins from around 2002 to be subject to criminal punishment twice as a crime of deprivation of service during that period.