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A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant and C, as a person with no special occupation, did not know of money in the water, stolen another person's goods using Libera with his/her knowledge, and drink it with his/her own money on the water, and drink it as a drinking time.
On October 2, 2012, around 08:30 on October 2, 2012, the Defendant, together with C and D, reached the front of the business building of Goyang-gu E apartment complex 6.
The Defendant reported the network before the entrance of the commercial building, and C and D moved into the commercial building to the rooftop, and put the victim F-owned market price of 400,000 won, which was kept there, together with one air-conditioner with the victim F-owned market price of 400,000 won. In addition, the Defendant was not aware of the victim, who was going into the rooftop again, with one air-conditioner of another.
Accordingly, the defendant tried to steal the victim's property in collaboration with C and D.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Each police interrogation protocol against C, D, or G;
1. Each police statement made to F and H;
1. Records of seizure and the list of seizure;
1. Madao photographs;
1. Application of the Acts and subordinate statutes governing CCTV images;
1. Articles 342 and 33 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (including the fact that the criminal commits an attempted crime is committed, etc.);
1. Article 62-2 (1) and (2) (main sentence) of the Criminal Act, Article 59 of the Act on Probation, etc.;