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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 4, 2013, at the “DPC room” located in the E-resident complex located in Gyeonggi City, Gyeonggi City, 2013, the Defendant: (a) took advantage of the gaps between toilets, the victim E used the gap in toilets; (b) reported the network by having the victim stolen the smartphone between the victim and the victim; and (c) the said F (guilty as of August 21, 2013) sent the said PC room to the Defendant by gathering the “Scar” smartphone in the market price of the victim.
As a result, the defendant stolen the victim's property together with F.
2. On March 5, 2013, the Defendant: (a) in the “H” located near G in Ansan-si in Gyeonggi-si, Gyeonggi-si; (b) one smartphone 3,000 won of the market price of the victim I set at “Y” located in his/her seat; and (c) continuously in the “J” drinking house near the said day at the same time, 50,000 won in cash at the hands of the victim set at his/her seat.
They brought to Korea.
Accordingly, the defendant stolen the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect with respect to F;
1. Statement made to I by the police;
1. A written statement prepared by E;
1. Application of Acts and subordinate statutes on seizure records;
1. Relevant legal provisions and choice of punishment concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act (special larceny) and Article 329 of the Criminal Act, and choice of imprisonment with prison labor for larceny;
1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;
1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);
1. Protection observation: The sentencing criteria under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., and Article 62-2(1) of the same Act, and the following circumstances, shall be determined as ordered by taking into account:
Most of the damage have been recovered, such as the fact that all facts of the crime are recognized, the fact that the damaged goods are returned, and the prosecution has been instituted.