1. The defendant A shall be punished by imprisonment with prison labor for one year and four months;

2. Defendant B shall be punished by imprisonment for one year and a fine of 300,000 won.

Defendant .

Punishment of the crime

Defendants were sentenced to two years of imprisonment with prison labor for special larceny, etc. in the branch court of the Daegu District Court on October 20, 2016, and three years of suspended execution, which became final and conclusive on October 28, 2016 and is currently under suspended execution.

On the other hand, on October 12, 2017, the Defendants were sentenced to a suspended sentence of one year for each of six months imprisonment with prison labor for an attempted special larceny at the same court, and the judgment was finalized on October 20, 2017. The crime committed on October 28, 2016, which was the first day of the final and conclusive judgment, all of the criminal facts of which judgment became final and conclusive, committed on October 28, 2015, which were the first day of the final and conclusive judgment. Therefore, the Defendants cannot be sentenced simultaneously to a judgment from the beginning with the instant crime committed on October 28, 2016.

Therefore, the instant crime cannot be mitigated or exempted pursuant to Article 39(1) of the Criminal Act.

[2017 Highest 1345]

1. Joint crimes committed by the Defendants

A. On August 30, 2017, at around 02:00, the Defendants were at the G cafeteria operated by the victim F, the Gu-si, Si-si around 02:00, and Defendant B reported the network around the restaurant, Defendant A opened the crime prevention window of the cafeteria in his/her hand, and intruded into the restaurant through the window, and Defendant B intruded into the restaurant, and did not find money and valuables to be stolen together with Defendant A, but did not find it.

As a result, the Defendants jointly attempted to steal the victim's property.

B. Special larceny (1) On August 31, 2017, at around 00:30 on August 31, 2017, the Defendants came to the J cafeteria operated by the victim I, who was in the Gu-U.S., and intruded into the restaurant through the unreshed restaurant window, and take 4,500 won in cash owned by the victims from the credit cooperative in the place of the restaurant.

They go back.

As a result, the defendants stolen the victim's property together.

(2) On August 31, 2017, the Defendants came into a restaurant operated by the victim D in the Gu/Si/Gu (U.S.) around 04:30 on August 31, 2017, and intrudes into the restaurant through the cafeteria’s window that was not corrected, and is within the bank owned by the victim.