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Defendants shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On January 23, 2014, Defendant B was sentenced to one year and six months of imprisonment with prison labor for special larceny, etc., and two years of suspended execution. On August 21, 2014, the period of suspended execution, Defendant B was sentenced to imprisonment with prison labor for a maximum of eight months for special larceny, etc., or on November 13, 2014, which became final and conclusive on November 23, 2014, the sentence of suspended execution was terminated on January 23, 2016. On December 7, 2016, the execution of the sentence was terminated at the Daegu Kimcheon District Court’s branch for special larceny, etc., and was sentenced to a maximum of one year and two months of imprisonment with prison labor for a maximum of ten months and on December 17, 2017.
【Criminal Facts】
Defendant
A and Defendant B are students of elementary school.
On August 23, 2018, the Defendants discovered that the windows of the D EFxian vehicle parked by the victim C in front of the building located in the vicinity of the 1180 Mandong-gu, Goyang-si, Goyang-si, the center of the 05:0 on August 23, 2018, the Defendant cut off KRW 120,000,000,000,000 won cash 1.2,000,000 won cash 1,220,000,000 won per day.
As a result, the Defendants committed a theft of another's property jointly.
Summary of Evidence
1. Defendants’ respective legal statements
1. C’s statement;
1. Investigation record and list of the police;
1. A report on the occurrence and a report on the internal investigation;
1. Previouss before and after judgment: Criminal records, etc. inquiry reports, investigation reports ( current status of confinement of suspects and personal confinement status), and application of court rulings and statutes;
1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act
1. Defendant B among repeated crimes: Reasons for sentencing Article 35 of the Criminal Act;
1. Defendant A [the scope of recommendations] The basic area (6 to 1.6 months) of the basic area (6 to 1.6 months) of the theft against general property (general larceny) (the decision of sentencing) is without any person (the decision of sentencing).