Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, this judgment is delivered to Defendant A.

Punishment of the crime

[Criminal Records] Defendant B was sentenced to a suspended sentence of two years in January 26, 2016 to imprisonment with prison labor for special larceny, etc. at the District Court of the Republic of Korea on January 26, 2016, and the same year

2.3. The above judgment became final and conclusive on July 25, 2017, and was sentenced to eight months of imprisonment for fraud at the District Court of Jung-gu on February 13, 2018, and the said judgment became final and conclusive on February 13, 2018.

[2] On May 18, 2017, the Defendants: (a) walked from Sincheon to Dongcheoncheon on May 18, 2017, and (b) cut off another’s bicycle and gets on riding it together; (c) discovered the victim’s G-owned bicycle in the market price of at least 800,000 won, and Defendant B reported the network, and Defendant A got on a bicycle.

As a result, the defendants stolen the property owned by the victim together.

Summary of Evidence

1. The defendant's respective legal statements;

1. Statement made by the police with H;

1. G statements;

1. On-site photographs and CCTV photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (B) and application of Acts and subordinate statutes to a report on investigation (Attachment to suspended execution records);

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act

1. Defendant B who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendant B who is to be mitigated due to concurrent crimes: The latter part of Article 39(1) of the Criminal Act and Article 55(1)3 of the Criminal Act [the principle of equity with the case of judgment in which a judgment becomes final and conclusive at the same time as the case of fraud];

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act (Defendant A is the primary offender; Defendant A is agreed with the victim; Defendant B is against nature; Defendant B is against nature; circumstances of the crime; degree of participation); and degree of participation);

1. Defendant A: The reason for sentencing under Article 62(1) of the Criminal Act and Defendant A: The punishment shall be determined by comprehensively taking into account the background of the crime, the degree of participation, the first offender, the agreement with the victim, the recognition of the crime of this case, and the matters contrary to the recognition of the crime of this case;

- Defendant B: The defendant has many records of juvenile protective disposition due to the same crime, which is caused by the same crime.