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Defendants shall be punished by imprisonment for six months.
However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.
Reasons
Punishment of the crime
피고인들은 2013. 12. 16. 03:20경 순천시 C에 있는 피해자 D 운영의 ‘E’ 금은방에 이르러, 피고인 B은 벽돌로 금은방의 출입문을 깨뜨리고, 피고인 A는 깨진 출입문을 통해 금은방에 들어가 피해자의 재물을 절취하려 하였으나, 피고인 B이 던진 벽돌에 의해 출입문이 깨지지 않고 “쿵”하는 소리가 크게 나자 당황하여 달아났다.
As a result, the Defendants did not commit a theft of the victim's property by destroying the door at night and impairing the structure, and did not commit an attempted crime.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made to D by the police;
1. E-gate photographs;
1. Each report on investigation;
1. Application of Acts and subordinate statutes to CCTV photographs;
1. Defendants of relevant legal provisions concerning criminal facts: Articles 342 and 331(2) and (1) of the Criminal Act;
1. Defendants subject to discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (General Conditions favorable to the reasons for the punishment in question);
1. Defendants under suspended execution: The Defendants are not guilty of the crimes in light of the contents of the crimes committed by the Defendants on the grounds of sentencing under Article 62(1) of the Criminal Code. However, in light of the fact that the Defendants reflect the instant crimes, committed the attempted crimes, and agreed smoothly with the victims, it is so decided as per Disposition.