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Defendants shall be punished by imprisonment for six months.
However, the Defendants are above two years from the date of the final judgment.
Reasons
Punishment of the crime
The Defendants, at the “E” place of business operated by the victim D located in Tong Young-si, attempted to witness and steal high-priced fishing supplies at the “E” place of business.
Therefore, around 03:14 on October 12, 2016, the Defendants intruded into the above “E” workplace, and Defendant B, by opening a net, extracted electric source code by opening the CCTV for theft prevention, and thereafter, Defendant A opened two fishing times in the total amount of KRW 3.4 million to the victim’s market value in the middle deck in the above business entity, and carried two fishing times in the total amount of KRW 3.4 million to Defendant A’s Flast or other vehicles.
Accordingly, the Defendants committed a theft of the property owned by the victim jointly.
Summary of Evidence
1. Defendants’ legal statement
1. Statement made by the police against D;
1. A protocol of seizure and a list of seizure;
1. Application of the Acts and subordinate statutes to photograph CCTV images of neighboring E business places at the scene of crime;
1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions shall be repeatedly considered):
1. Six months to five years from the imprisonment with prison labor for a prison labor within the scope of applicable sentences under law; and
2. Scope of the recommended punishment according to the sentencing guidelines / [the scope of the recommended punishment / [the scope of the recommended punishment / [the scope of the punishment] 2 types of larceny for general property (the second to tenth months) / [the grounds for suspension of execution / [the grounds for special mitigation] - The grounds for suspension of execution / The grounds for major positive consideration: No history of criminal punishment; non-members of the punishment - The grounds for general positive consideration : Social relation clearly, serious reflectivity;
3. The Defendants planned to commit the instant crime in advance and planned to commit the instant crime to be disadvantageous to the Defendants. The Defendants were led to the confession of the instant crime by the Defendants, and were against the truth. The Defendants were faithfully living while serving as Taekwondo instructors, the Defendants were the first offender with no record of the crime, and the victims were paid back to the victim.