A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On September 3, 2015, the Defendant: around 06:02, at the front of the clothing store D in Gwangjin-gu Seoul Special Metropolitan City around September 3, 2015, the Defendant: (a) stolen the victim E-owned market value of KRW 3 million; (b) PCX 125C, which was set up and located there.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. E statements;

1. Police seizure records;

1. The defendant and his defense counsel did not have the intention of larceny because they brought about the defendant's photograph of damaged things (the defendant's defense counsel knew about the damaged things which have been abandoned.)

However, in full view of each of the evidence in its holding and the status and value of Oral Ba as well as the place where Oral Ba was parked at the time of the commission of the crime, the Defendant had dolusent intent to larceny at the time of the commission of the crime.

Therefore, the above argument is without merit.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 62 (1) of the Criminal Act (hereinafter referred to as the "Suspension of Execution") (Special circumstances, such as the fact that no criminal record exists for the same kind of crime after being sentenced to a suspended sentence for larceny in 2003, and the fact that damaged articles have been recovered and returned to the victim