Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this judgment is delivered against Defendant B.

Punishment of the crime

Defendant

A was sentenced to one year and six months of imprisonment for special larceny, etc. at the Incheon District Court on November 7, 2014, and was sentenced to six months of imprisonment for habitual larceny at the Incheon District Court on February 4, 2016, and was sentenced to six months of imprisonment for special larceny at the Incheon District Court on June 14, 2017, and completed the execution of the sentence at the Incheon Vocational Training Prison on December 12, 2017.

피고인들은 2019. 7. 13. 01:50경 김포시 C 소재 공사현장 앞 주차장에서 피고인 B은 주변에서 망을 보고, 피고인 A은 피해자 D이 그 곳에 적재해 둔 피해자 소유의 공사자재인 시가 20만 원 상당의 서포트(속칭 샷보도) 20여 개를 피고인 B 소유의 E 포터 트럭에 실어 가지고 갔다.

Accordingly, the Defendants jointly stolen the property of the victim during the period of repeated crime, who was sentenced to imprisonment not less than three times with prison labor due to larceny, etc.

Summary of Evidence

1. Defendant A’s legal statement (which was made on the second trial date) in Defendant B’s legal statement (which was made on the second trial date) and the previous records in the holding of data on editing damaged CCTV images: The application of the judgment, etc., personal confinement status (suspect A), criminal history records, etc. (A);

1. Defendant A of the pertinent legal provision on criminal facts: Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (2) and Article 331 (1) of the Criminal Act (the point of concurrent larceny) Defendant B: Defendant A who aggravated repeated offenses under Article 331 (2) and (1) of the Criminal Act (the point of concurrent larceny): Article 35 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendant B: It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

Defendant A with reasons for sentencing

(a) Scope of punishment by law: One to twenty years of imprisonment;

B. The scope of recommendations according to the sentencing guidelines [decision of types] thief under the Act on the Aggravated Punishment of Specific Crimes (Type 1) is the element of mitigation of habitual and repeated crimes (special multiples): The scope of recommendation of non-compliance of punishment; and