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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 23, 2013, the Defendant, along with C and D, prepared for scrap metal equivalent to KRW 20,000, the market price of the injured party, a corporation owned by the injured party, which was accumulated in the relevant place, by using the gaps in surveillance at the site of building removal works located in Gwanak-gu in Seoul Special Metropolitan City around the new wall.
Accordingly, the defendant stolen the victim's property together with C and D.
2. At around 04:00 on August 27, 2013, the Defendant, along with C and D, prepared a scrap metal worth KRW 10,000, the market price of the victim’s possession, which was accumulated in the construction site as described in paragraph (1), by taking advantage of the gaps in which surveillance was neglected.
Accordingly, the defendant stolen the victim's property together with C and D.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. A copy of each protocol of examination of suspect about C and F by the prosecution;
1. A copy of the police statement concerning G;
1. Application of a copy of seizure protocol to statutes;
1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] The mitigated area (one to six months) of category 1 of the thief for general property [the person who has a special mitigation] [the decision of sentence] and unfavorable circumstances: The circumstances that are favorable to the defendant that the defendant has been sentenced to a fine for the same kind of crime: The defendant reflects the crime; the amount of damage is minor; the victim does not want the punishment against the defendant; and the defendant does not want the punishment; the punishment shall be determined as ordered by the order taking into account various sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive and consequence of the crime, and the circumstances after the crime.