Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant B, the period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal record] On January 19, 2016, Defendant A was sentenced to one year of imprisonment with prison labor for an attempted special larceny at the Daegu District Court, three years of suspended execution, and the judgment became final and conclusive on January 27, 2016, and is currently under suspended execution. On July 13, 2018, Defendant A was sentenced to ten months of imprisonment with prison labor for special larceny, etc. at the Daegu District Court, and the judgment became final and conclusive on August 10, 2018.

Defendant

B On February 28, 2018, in Western Branch of the Daegu District Court, sentenced 8 months of imprisonment with prison labor for special larceny, etc. and 2 years of suspended execution, and the judgment became final and conclusive on March 8, 2018.

[2] On January 18, 2018, the Defendants: (a) came to be operated by the victim D in the Daegu-gun C Market shopping mall around 00:53 on January 18, 2018; and (b) Defendant B reported the network outside, cut the entrance door locked using a preparatory cutting machine; and (c) Defendant A attempted to intrude into the place and carry money, but did not cut the lock, and did not commit an attempted crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of D;

1. A fire-proof report (a CCTV investigation into the C market), on-site photographs;

1. Previous convictions in judgment: A, B, and replys to inquiries, such as criminal history, (A), references to consolidated cases, and application of the text of the judgment;

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 342, 331(2) and 331(1) of the Criminal Act

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act

1. The Defendants repeatedly attempted special larceny on the grounds of sentencing under Article 62(1) of the Criminal Act and Article 60(3) of the Juvenile Act. In particular, Defendant A committed the instant crime during the period of probation, even though he/she had been punished several times, including the same kind of punishment, constitutes an unfavorable sentencing element against the Defendants.

On the other hand, the defendants led to the confession and reflect of the crime of this case, and the crime of this case was committed in the attempted crime, and the crime of this case was committed in the latter part of Article 37 of the Criminal Code.