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1. Defendant A shall be punished by imprisonment with prison labor for a period of ten months.
However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On June 30, 2015, Defendant B was sentenced to one year of imprisonment with prison labor for special larceny, etc. in the Gwangju District Court’s Macheon Branch, and on February 29, 2016, the parole period expired on April 16, 2016, when the sentence was executed in the Macheon Prison.
[Criminal facts]
1. Joint crimes between the Defendants and C
A. From around 02:10 on August 29, 2016, the Defendants and C came to “F cafeteria” in the operation of the Victim E, which was operated by the Tong Young-si around 02:0 on August 29, 2016, with intent to steal the property by entering the said cafeteria, C and Defendant A opened the said cafeteria so far as C and Defendant A are hard to read the rear door of the said cafeteria, C board the car in the said cafeteria, and reported the network in the vicinity of the said cafeteria, and Defendant A and B discovered a simplified safe under the cafeteria while visiting the cafeteria through the above rear door, and opened the door of the said cafeteria, but without any theft, they opened the cafeteria and opened it out.
As a result, Defendants and C attempted to steal the victim's property jointly.
B. From 02:43 around August 29, 2016, the Defendants and C had to enter the said restaurant again, with intent to steal the property. C was on board the said restaurant and reported to the network in the vicinity of the said restaurant. Defendant A and B got into the restaurant and intruded into the restaurant, and used the said simplified safe. However, even though the simplified safe was fixed by the line, the Defendant and C went out of the restaurant without theft.
As a result, Defendants and C attempted to steal the victim's property jointly.
2. C and Defendant A’s joint crime committed on August 29, 2016: (a) with the mind that around 03:31 on August 29, 2016, the Defendant and C shall enter the said restaurant again to steal the property; (b) upon boarding the said vehicle and reporting the network in the vicinity of the said restaurant; and (c) Defendant A entered the said restaurant with the front door and cut the line connected to the said simplified credit cooperative at the price of the purchase.