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Defendants shall be punished by imprisonment for six months.
However, from the date of the conclusion of the judgment, the defendants are above for one year.
Reasons
Punishment of the crime
1. Defendant A and Defendant B did not receive payment from the victim D with the delivery of fishery products to the victim D, with the intention of thefting the fireworks at the victim’s store.
On September 23, 2014, around 00:35, the Defendants: (a) carried the “G” fishery products operated by the victim under subparagraph 912 of the FM market Fishery Business 912 located in E, and (b) carried the total market value of KRW 1,152,00,000 in front of the victim’s fishery products, which is in custody in the relevant hydrosium, into H MT stife.
As a result, the defendants stolen the victim's property together.
2. Although Defendant B was in a state of suspending the validity of the driver’s license from August 23, 2014 to November 10, 2014, Defendant B driven a Hmati string vehicle at approximately KRW 50km from the agricultural and fishery product market located in 600, Songpa-gu, Seoul Metropolitan Government to the FF market located in Gyeonggi-gu, Seoul Metropolitan Government around 02:00 on September 22, 2014.
Accordingly, the defendant was driving a motor vehicle as a person whose validity of driver license has been suspended.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of the police officer to I;
1. Written statements prepared in D;
1. Each report on investigation;
1. An inquiry into the enemy and driver's license;
1. Application of each statute on photographs;
1. Relevant legal provisions concerning criminal facts and the Defendants’ choice of punishment: Defendants B of Article 331(2) and Article 331(1) of the Criminal Act (special larceny): Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, the selection of imprisonment without prison labor
1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of conduct, circumstances, etc. after committing a crime);
1. Recommendations and sentences based on the sentencing guidelines under Article 62 (1) of the Criminal Act for the suspension of execution: The basic area (6 months to June 1) of the types of larceny in general property;