A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

Criminal facts against the defendant in the case 2014 Highest 1063

1. A person who attempted special larceny and C, together with the Defendant, conspired to steal construction tools, etc. at the construction site. Around May 10, 2013, at the F plant construction site managed by the victim E, who was located in Gyeong-gun, from around 20:15, 2013, colored the surrounding areas, but did not discover stolen objects. However, the intent was not achieved on the wind that does not discover stolen objects.

Accordingly, the defendant and C attempted to steal the victim's property jointly.

2. Special larceny Defendant and C destroyed the locking device of a container in storage of materials owned by the victim H at around 21:00 on May 10, 2013, at the aggregate extraction site located in G, G, not around 21:00, and entered a container, carried out construction materials equivalent to the total market value of KRW 1,820,000,000 in the market value of the victim, which was the victim’s ownership, into the container, and loaded them into the I truck.

As a result, the defendant and C stolen the victim's property together.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Each police statement of H and E;

1. Records and lists of police seizure;

1. The application of Acts and subordinate statutes to a written appraisal and an investigation report (to hear statements on damage from thief cases at the site of collecting aggregate);

1. Articles 342, 331 (2) and (1) ( point of attempted special larceny) and 331 (2) and (1) ( point of attempted special larceny) of the Criminal Act of the relevant criminal facts of the crime;

1. the former part of Article 37 of the Criminal Code, Articles 38(1)2 and 50 of the Criminal Code of Aggravation of Concurrent Crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing in Article 62-2 of the Probation Criminal Act [the range of recommending punishment] The defendant, who has a record of having been punished several times for the same kind of crime, has a basic area (one to two years) of larceny in general property (one to half years).