A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 28, 2015, the Defendant was sentenced to imprisonment with prison labor for at least ten months, a suspended sentence of two years, and a probation order in the Incheon District Court on September 5, 2015.

At around 02:10 on August 29, 2015, the Defendant cut off a cell phone of KRW 370,000 and KRW 800,000,000,00 in cash, which is the victim’s possession, from the bank of the victim, the victim D, who had drinking in his wife in his wife, from the point of another victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Since the crime in the judgment is ex post facto concurrent crimes, the sentencing criteria shall not apply.

2. The Defendant is subject to a summary order of KRW 1 million due to larceny in 2009, and in particular, since it is highly likely that the Defendant committed the instant crime, which is the same as the instant crime, on the following day, after being sentenced to a suspended sentence of imprisonment, such as the first head written in the holding as to larceny, is subject to a sentence of imprisonment.

However, the degree of damage is relatively little, and the crime of this case is committed before the judgment on the first head of the judgment becomes final and conclusive, and a suspended sentence of imprisonment is imposed in the judgment and probation is ordered. As such, the sentence shall be imposed at the same time in consideration of equity with the judgment, and the execution of the sentence shall be suspended.