A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

around 23:40 on October 10, 2012, the Defendant and B and C (Pronouncement against the above Defendants on December 21, 2012) entered the parking lot for victim E located in Gwangjin-gu Seoul Special Metropolitan City, and discovered, in advance, about 100 km of fixed materials for construction (one name “Tin”), the market value of which is equivalent to KRW 500,000,000,000 of the victim’s ownership (one name “Tin”), and about 20 km of construction team for construction (one name “Stfin”), the market value of which is equivalent to KRW 20,000,000,000,000,000,000 won (one name “Stfin”), and about 20 km of construction (one name “Stfin”) and 300,000,000,000 won of the market value of the block 2.

As a result, the defendant, Co-defendant B, and C did not commit a theft of the victim's property and did not commit an attempted crime.

Summary of Evidence

1. B and C's respective legal statements among the copies of the second trial records;

1. Each prosecutor's protocol of examination of the accused, B, and C;

1. Statement to E by the police;

1. Police seizure records;

1. Application of each statute on photographs;

1. Articles 342 and 331(2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act (i.e., that the defendant is the first offender, and that the crime of this case was committed and there is no substantial damage to the victim) is above