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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant and C, D, E, F, and G conspired in combination with each other to cut off the cell phone which was corrected from the cell phone store at night with a hiversh door, and to cut off the cell phone displayed in the store. The Defendant and C, D, E, F, and H purchased the cell phone which was stolen from the Nam-gu in Busan, Jung-gu, and three strings, rubber-shaped, rubber-shaped, and prepare for the hife in advance the hife in E’s house, and then, the Defendant and E, F, and H would play a role of theft of the cell phone by destroying the glass entrance with the hife while wearing the hife.
Defendant
On January 22, 2014, in combination with C, D, E, F, and G, at around 03:28,00, they parked vehicles on the front side of the “K” cell phone store operated by the victim J in Busan Fung-gu, P, D, and G parked the vehicle on the upper side of the above store and reported the network within the vehicle, and the Defendant, E, and F, while wearing their clothes and armors, carried the glass entrance door into the display stand with a hurbro and kept in the display stand, they cut off 21 mobile phones of the total market value of 15,701,40 won, which is the victim’s possession.
Summary of Evidence
1. Each legal statement of the defendant, C, D, E, F, and G;
1. A protocol concerning each prosecutor's office concerning C, D, E, F, and G;
1. A protocol concerning the police interrogation of the accused;
1. Statement of the police statement to J;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the confession of all crimes by a defendant and his/her mistake is divided, the primary crime without the power to commit an offense, the degree of his/her participation, age, etc.);
1. Article 62 (1) of the Criminal Act for a suspended sentence (Discretionary grounds for discretionary mitigation);
1. Probation and community service order under Article 62-2 of the Criminal Act;