A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On May 17, 2017, the Defendant was sentenced to imprisonment with prison labor for a year and a fine of KRW 500,000 for special larceny in Seoul Western District Court, and the above sentence was finalized on the 29th of the same month.

Criminal facts

On January 5, 2013, around 00:37, the Defendant and B met the “D” house of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, Da 37, and the victim E, using the gap in which the victim was locked, B gets out of the victim’s temporary cash, and the Defendant got out of the above wall and brought up KRW 50,00 won in cash within the main machine.

Accordingly, the defendant stolen the victim's property together with B.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. E statements;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 53 and Article 55 subparag. 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and subparag. 55 subparag. 13 of the Criminal Act (see, e., Supreme Court Decision 2009Da1468, Apr. 1, 201)

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;