Defendant

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

However, for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Justice] On May 7, 2015, Defendant A was sentenced to two years of imprisonment with prison labor for special larceny, etc. at the Seoul Southern District Court on May 7, 2015; on March 31, 2016, Defendant A was sentenced to six months of imprisonment with prison labor for larceny at the site of Suwon District Court Sejong District Court on April 11, 2016; on July 20, 2016, Defendant A was sentenced to six months of imprisonment with prison labor for special larceny at Suwon District Court on September 27, 2017 and the period of parole was expired on November 21, 2017; on November 29, 2019, Defendant A was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court on December 7, 2019.

【Criminal Facts】

피고인들은 2019. 9. 30. 13:40경 인천 부평구 C에 있는 피해자 D가 관리하는 ‘E마트 부평역점’에서, 자신들이 사려는 물품에 비해 가지고 있는 돈이 적은 사실을 알게 되자 일부 물품은 결제하지 아니한 채 가져가는 방법으로 물품을 절취하기로 공모하고, 주의가 소홀한 틈을 이용하여 피고인 A은 자율계산대에서 비교적 소액인 일부 물품만을 계산하면서 테팔 쏘딜라이트 프라이팬 등 합계 226,806원 상당의 물품은 계산하지 아니한 채 피고인 B에게 건네주고, 피고인 B는 계산되지 아니한 위 피해품을 건네받아 비닐봉지에 넣고 카트에 실어 몰래 가지고 나갔다.

As a result, the Defendants committed a theft of another's property jointly.

Summary of Evidence

1. Defendants’ legal statement

1. Reports on internal accidents (specific, etc. of damaged articles);

1. Application of Acts and subordinate statutes, such as inquiry reports on criminal records, investigation reports, and six copies of written judgments;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Defendant A among repeated crimes: Article 35 of the Criminal Act;

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendants subject to discretionary mitigation: The reflection of the Defendants and the restoration of damage under Articles 53 and 55(1)3 of the Criminal Act, respectively.