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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Records] Defendant A was sentenced to a suspended sentence of two years in January 16, 2015 for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Busan District Court on January 16, 2015 and was sentenced to a suspended sentence of two years on June 24 of the same month. The judgment becomes final and conclusive, and
[Criminal facts]
1. On April 22, 2016, at around 23:00 on April 22, 2016, the Defendant, along with C, committed soup a set of “E” in Busan, Seo-gu, Busan, on April 22, 2016, Defendant 1 reported the network to the victim F (36 tax) and C stolen one thalth of A7 smartphone in the galth of the market value of the victim’s head, which was located on the victim’s head.
2. On April 23, 2016, the Defendant, along with C on April 23, 2016, cut off one of the 6 smartphones worth KRW 800,000, in a so called “H” room located in Busan-gu, Busan-gu, as well as “H” room on April 23, 2016.
Accordingly, the defendant stolen the property of the victims two times together with C.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect C by the police;
1. Each police statement made to F and I;
1. The list of seizure, the protocol of seizure (voluntary submission), and the photograph of damaged articles;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (Attachment to a criminal suspect A suspended sentence sentence, etc.) and statutes;
1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) of the Act on the Mitigation of Small Quantity [the scope of recommending punishment] There is no person [the person who is subject to special sentencing] in the basic area (from August to two years] (the person who is subject to special sentencing] (the decision of sentencing] [the defendant] committed the instant crime during the suspension period of the execution of imprisonment with prison labor.