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Defendants shall be punished by imprisonment for six months.
However, from the date of the final judgment of this case, each of the above two years against the Defendants.
Reasons
Punishment of the crime
1. On September 14, 2017, at around 03:50 on September 14, 2017, the Defendants jointly committed the crimes of the Defendants: (a) reported the network of Defendant B between the victim E and the victim E in a D restaurant located in Gumi-si; and (b) Defendant A carried 40,000 won in cash, which was the victim’s possession in front of the restaurant, one driver’s license; (c) one copy of the Agricultural Cooperative C Co., Ltd.; (d) one copy of the Agricultural Credit Card; and (e) one hand, the market price of which is unknown in front of the restaurant.
As a result, the defendants stolen the victim's property together.
2. At around 03:50 on September 14, 2017, Defendant A driven a F-cr-type car in the state of alcohol alcohol concentration of about 2 km from the front of the above D-type restaurant to the front road of the Geumo elementary school located in the Gu-si in the Gu-U.S. city.
3. On September 14, 2017, around 04:15, Defendant B driven the pertinent cruise car in the state of alcohol alcohol concentration of approximately 0.083% from a distance of about 2 km from the front of the Geum-si elementary school in the Gu and Sinsi-si to the roads adjacent to the Sejong apartment in the Gu and Sinsi-si.
Summary of Evidence
1. Defendants’ respective legal statements
1. E statements;
1. Seizure records;
1. Application of Acts and subordinate statutes to report internal investigation (related to the suspect's drinking volume), internal investigation report (referring to the measurement photo of the suspect's body weight), internal investigation report (applicable to the suspect B's dmark), investigation report (referring to the analysis of the motor vehicle black stay and the confirmation of the time for committing the crime), investigation report (referring to the submission of documents related to the violation of the Traffic Act by the suspect) and the submission of reports on investigation
1. Relevant legal provisions and the Defendants who choose the punishment for the crime: Article 331(2) and (1) of the Criminal Act (joint larceny) and Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of drinking alcohol driving and the choice of imprisonment);
1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;
1. Defendants to be mitigated in small amount: Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);
1. Defendants: Suspension of execution.