Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

Punishment of the crime

[Criminal Justice] On September 5, 2018, Defendant A was sentenced to one year’s imprisonment with prison labor for special larceny at the Changwon District Court for six months, and on January 16, 2019, Defendant A was sentenced to two years’ imprisonment with prison labor for six months for special larceny and the said judgment became final and conclusive on January 24, 2019. Defendant B was sentenced to two years’ imprisonment with prison labor for eight months for special larceny in the same court on September 5, 2018. On January 16, 2019, Defendant B was sentenced to three years’ imprisonment with prison labor for one year for special larceny and the said judgment became final and conclusive on January 24, 2019.

【Criminal Facts】

1. On January 22, 2019, at around 00:35, the Defendants reported the network to Defendant A, Defendant B opened a driver’s seat not corrected in the victim D’s Ethac vehicle parked at the same place and opened a door to the victim’s market value, which is the sum of the market value of the victim’s possession in the contact with the container, and maintained 60 percent of the 300,000 won.

2. The Defendants: (a) around 07:10 on January 22, 2019, at the 07:0, the Kimhae-si F parking lot; (b) Defendant A reported the network; (c) Defendant B opened a driver’s seat not corrected in HMW520D vehicles of the victim G parked in the erobbbbbbbox; and (c) opened a 400,000 KRW 120,000 in cash, the market value of the victim’s possession in the erobbbbbbbox.

As a result, the defendants stolen the victims' property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of D or G preparation;

1. A photograph of a CCTV closure;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same attached records, etc.);

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants who commit concurrent crimes: the latter part of Articles 37 and 39(1) of the Criminal Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Discretionary mitigation Defendants: The following circumstances are the reasons for sentencing on Article 53 and Article 55(1)3 of the Criminal Act (the favorable circumstances mentioned above).