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Defendants shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[Criminal Justice] On July 20, 2017, Defendant A sentenced Defendant A to imprisonment with prison labor for one year and eight months for embezzlement at the Goyang Branch of the District Court on the Republic of Korea on July 20, 2017 and completed the execution of the sentence on December 8, 2018.
【Criminal Facts】
On April 19, 2019, at around 03:19, the Defendants discovered that the victim E was locked by laying off a gallonian 3 smartphone in the head of the Gu, and Defendant A displayed the screen on his smartphone to Defendant B, which entered the message stating, “I have a smartphone in the side,” and Defendant B conspired to cut off the said smartphone by reporting it and cutting off it.
Defendant
A as above, as he conspired, sets aside the left hand in the victim's side and sets up the smartphone, and Defendant B went out of the above water surface while Defendant A occurs.
As a result, the Defendants conspired to steal the victim's smartphone.
Summary of Evidence
1. Defendants’ respective legal statements
1. E statements;
1. A CCTV image closure photograph;
1. Previous offense (Defendant A): Application of criminal records, etc. inquiry reports (A), investigation reports (pre-offender of repeated crimes, judgment, and attachment of indictments during the course of proceeding), and attached data to statutes;
1. Relevant Article 329 of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: Articles 329 of the Criminal Act; the choice of imprisonment
1. Defendant A, among repeated criminal offenders, committed the instant crime during the period of repeated crime due to embezzlement, fraud, etc.
Defendant
B has a record of criminal punishment of juvenile protective disposition, two times of fines, and one time of suspended sentence of imprisonment for the same crime.
Damage has not been recovered.
The defendants are against the principle of good faith when they recognize a crime.
The age, character and conduct, family relationship, and family relationship of the defendant.