1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendants around 01:00 on August 9, 2015, in Yeongdeungpo-gu Seoul Metropolitan Government, “E hotel”, and the victim F, who is hotel employees, had one cellphone in the gallon in the market value of 200,000,000 won on the sofa, which is the victim’s possession on the sofa, set up the fably fably, and Defendant A collected the above cell phone, and Defendant B sent the cell phone received from Defendant A to Defendant B, and went out of the hotel.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Legal statement of witness F;

1. Results of CCTV images verification by this court;

1. Defendant B’s written statement

1. Statement made by the police with regard to F;

1. A criminal investigation report (CCTV image);

1. Protocol and list of police seizure;

1. Application of CCTV Acts and subordinate statutes;

1. Article 331 (2) and Article 331 (1) of the Criminal Act (special larceny) concerning facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following extenuating circumstances shall be considered among the grounds for sentencing);

1. Determination as to the assertion by the Defendants and the defense counsel under Article 62(1) of the Criminal Code of the Suspension of Execution

1. The summary of the assertion is that Defendant A: (a) perceived Defendant B’s 2 mobile phone (hereinafter “instant mobile phone”) as Defendant B’s mobile phone; (b) took it out to Defendant B; and (c) Defendant B, while under the influence of alcohol, knew that he was his mobile phone, received the instant mobile phone and stored the instant mobile phone in the main machine; and (d) Defendants did not have an intention to illegally obtain or larceny the instant mobile phone.

2. The following circumstances acknowledged by the evidence duly admitted and investigated by this Court: ① Defendant A entered the hotel “E” around August 9, 2015; Defendant A had been placed at the part of the sofaced spons; ② Defendant A was placed at the front of the 01:06:02, when Defendant A entered the hotel “E”, and Defendant B was posted at the hotel “E”.