A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 25, 2013, the Defendant was sentenced to a maximum of 8 months of imprisonment with prison labor for special larceny, etc. in the Daegu District Court Kimcheon Branch on April 25, 2013 and completed the execution of the sentence at the Kimcheon Juvenile Reformatory on October 22, 2013.

At around 04:00 on May 3, 2014, the Defendant: (a) intruded into the inner part of the said outer part of the said outer part via the back door, which was operated by the victim D of the victim D on the 1st floor, Seocheon-gu, Seocheon-gu, Seoul; (b) then, the victim locked out the wall from the main part of the part where the victim walked on his clothes, and then stolen the wall with one cell phone of 850,000 won in cash and one cell phone of the market value of the victim’s possession, which was located on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution with respect to F;

1. Statement of D police statement;

1. On-site identification reports and site file reports;

1. On-site photographs;

1. Report on investigation (in response to field fingerprints) and confirmation of fingerprint identity of the larceny case;

1. Investigation report (verification of the amount of damage inflicted on the victim), investigation report (verification of the amount of damage inflicted on the victim by telephone call);

1. Previous records of judgment: Application of criminal records, investigation reports (a written judgment and records of disposition of cases) and other Acts and subordinate statutes;

1. Article 330 of the Criminal Act applicable to the crime;

1. The defendant and his defense counsel asserted that Article 35 of the Criminal Code of Korea provides that although the defendant has stolen the victim's mobile phone, the defendant does not have a theft of KRW 850,000 in cash.

On the other hand, the following circumstances acknowledged by the evidence duly adopted by this Court and the evidence duly adopted by this Court, i.e., (i) the victim made a minor statement about the circumstances during which he was in possession of cash on the wall, and (ii) the victim consistently made a statement that he/she no longer fell into cash on the wall at the time, and that he/she no longer fell into cash on the cell phone along with the cell phone, and (iii) the victim is the victim’s money on the wall.