Defendants shall be punished by imprisonment for six months.

Provided, That the execution of each of the above punishments shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On November 26, 2012, at around 15:05, at the F agency of the victim E’s operation in Yong-si, Kim Young-si, the Defendants came to gather a mobile phone using the gaps in which the victim’s surveillance was neglected, and Defendant A removed one mobile phone of the amount of KRW 400,000 at the market price of the victim’s possession in the display site, and Defendant B moved the above mobile phone into Australia.

Accordingly, the Defendants stolen the property of the victim jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (each of the following extenuating circumstances in favor of the Defendants among the reasons for sentencing):

1. As to the Defendants in the grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (see, e.g., repeated sentence in favor of the Defendants among the grounds for sentencing), six to one year and six months are recommended (see, e.g., recommendation on the basic area of the type of “general larceny” (see, e.g., “in a case where a crime is systematically shared” as a special weight factor). The above special provisional action is considered as an unfavorable sentencing factor against the Defendants. Considering that the aforementioned special mitigation factor and the Defendants were considered as an unfavorable sentencing factor against the Defendants, the said special mitigation factor and the Defendants were led to confession and rebuttal of their crimes, and the Defendants were considered as favorable sentencing factors against the Defendants who have no criminal power after entering Korea

In addition, all kinds of sentencing grounds, such as the age of the Defendants and the purpose of entry into Korea, shall be determined in the same manner as the disposition.