Text
Defendant
A Imprisonment with prison labor for eight months and for six months, respectively.
, however, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. At around 02:30 on November 25, 2014, Defendant A’s sole criminal conduct, at the “F club” located in Suwon-si, Suwon-si, Suwon-si, Defendant A stolen the victim G with a gallon phone with a gallon phone equivalent to KRW 1,000,000 at the market price.
2. Joint criminal conduct by Defendant A and Defendant B
A. From around 03:00 on November 25, 2014 to around 03:40 on the same day, the Defendants committed the crime against the victim H came to come to the table table of the victim H at the same place as that of paragraph (1). Defendant B reported the network, and Defendant A went to the victim with S3 mobile phones when galloning the market price, which is the market price of the victim owned by the victim.
As a result, the defendants stolen the victim's property together.
B. From November 25, 2014 to around 03:40 on the same day, the Defendants committed the crime against the victim I came to reach the victim I’s table in the same place as Paragraph (1) at the same time between around 03:00 on the same day, and Defendant B reported the network, and Defendant A carried out R3 mobile phones in the market price, which is the victim’s possession.
As a result, the defendants stolen the victim's property together.
Summary of Evidence
1. Defendants’ respective legal statements
1. A written statement of I, H and G;
1. Investigation reports (the CCTV analysis);
1. Other closure photographs of the crime scene;
1. Application of seizure records and photographs of seized articles to the Acts and subordinate statutes;
1. Article 329 of the Criminal Act and Article 331(2) and Article 331(1) of the Criminal Act (the point of larceny and the choice of a sentence): Defendant B: Article 331(2) and (1) of the Criminal Act;
1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;
1. Defendants in a suspended sentence: The Defendants’ grounds for sentencing under Article 62(1) of the Criminal Act are against each other; the victims and the victims agreed with each other; Defendant A was the first offender; Defendant B did not have any criminal record of a fine or heavier; and