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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Justice] On May 23, 2013, the Defendant was sentenced to imprisonment with prison labor for six months for special larceny, etc. in the Daegu District Court’s Port Branch Branch, and was sentenced to two years for a suspended sentence on May 31, 2013, and is currently under suspended sentence.
【Criminal Facts】
On August 22, 2013, at around 23:30 on August 22, 2013, the Defendant and Co-Defendant B, together with C, D, and E, sought to enter a restaurant in the vicinity of Glock Bank located in Nam-gu, Nam-gu.
On August 23, 2013, at least 00:54 on August 23, 2013, the Defendant and Co-Defendant B, along with C, D, and E, reported the network before the above restaurant, and Co-Defendant B reported the network before the above restaurant, C, D, and E, opened a locking device and removed the shocking network, and opened the kitchen with the kitchen at the same time, and 4.4 km of pigs amounting to KRW 74,00,00, the market price of which is KRW 22 km, market price of KRW 20,00,000, KRW 16,000,00, market price of KRW 20,000, KRW 16,000,000, market price of the above restaurant, and KRW 25,000,000, market price of KRW 30,50,000, market price of KRW 250,00,00.
Accordingly, the defendant and co-defendant B stolen the victim's property together with C, D, and E.
Summary of Evidence
1. Each legal statement of the defendant and co-defendant B;
1. Each police suspect interrogation protocol for C, D, or E;
1. Statement of the police officer to I;
1. Each protocol of seizure and the list of seizure;
1. Photographs of damaged articles;
1. Previous records: Criminal records and other inquiry reports and the application of Acts and subordinate statutes to investigation reports (the confirmation of crimes during the period of suspended execution of sentence);
1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation is that the defendant is currently under probation, as stated in the first head's previous conviction in the judgment.