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A defendant shall be punished by imprisonment for not less than one year and six months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
Defendant
B On November 25, 2010, the Suwon District Court was sentenced to imprisonment with prison labor for a crime of attempted special larceny, etc. in Sungwon District Court's Sung-nam branch on three occasions, and has five times the same records, and there is a habit of larceny.
Criminal facts
1. The Defendant and the upper-tier criminal Defendant A, who committed a theft before, and the upper-tier criminal Defendant A came to know to have been aware of, the Defendant and the upper-tier criminal Defendant A, together with the intent to make a single-time deduction of money and valuables by accessing the prisoners at the night.
피고인은 상피고인 A과 함께 2014. 7. 5. 00:55경 성남시 수정구 F 앞 노상에서 피해자 G이 술을 마신 채 현금 약 20만 원, 갤럭시2 스마트폰 1대, 신용카드, 신분증 및 면허증이 들어있는 시가 미상의 피해자의 가방을 품에 안고 길에 앉아 있는 것을 발견하고 피해자에게 접근한 후, 피고인 B은 주변에서 망을 보고, 피고인 A은 피해자에게 다가가 위 가방의 끈을 잡아 당겼으나, 이에 놀란 피해자가 “퍽치기야”라고 소리치는 바람에 그 뜻을 이루지 못하였다.
Accordingly, the defendant tried to steals the victim's property by habitually combining him with the defendant A.
2. On April 1, 2014, at around 01:40 on April 1, 201, Defendant B habitually discovered that the victim I was locked in the street in front of the Katop located in Sungnam-si, Sungnam-si, and that the victim I was the victim’s breath, and then stolen one of the non-tested anti-explosions in the market price where the victim’s cash 8,000 won is located in the victim’s breath.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to J police officers;
1. A written statement of I;
1. Previous records of judgment: Criminal records, etc. and inquiry reports and investigation reports (a copy of the judgment, etc.);
1. Habitualness of the judgment: A person shall be deemed to have a habitive wall in light of the criminal records, methods and frequency of crimes committed by the accused, which are recognized by the inquiry letter, each criminal record, etc., investigation report (former and annexed rulings);