특수절도
2015 Highest 466 Special larceny
1. Operation of A ( April 1, 1975) and recycling food companies;
Nationality People's Republic of China
2. B (B. 12. 12. 1983) and Non-Service
Nationality People's Republic of China
3. C (Sus. 1, 1981) and clothing manufacturing industry;
Nationality People's Republic of China
Kim Jong-soo (prosecution) and a trial in the case of a family;
The number of attorneys at bar shall be the highest (the highest for all the defendants)
June 5, 2015
However, the execution of each of the above punishment against the Defendants shall be suspended for two years from the date this judgment became final and conclusive.
A. 6 U.S. Gaphones (A1524, No. 3) seized from Defendant A, A. 5S (A1528, No. 4)
gallon lusium S4 (No. 5) from Defendant B, respectively, shall be forfeited from Defendant C.
Criminal facts
On April 9, 2015, the Defendants entered Hong Kong into the Jeju International Airport as a Chinese national, and X (10 years of age) is a type of minor who entered the Republic of Korea with the Defendants’ hume and hume.
On April 10, 2015, the Defendants: (a) have cut precious metal in advance; (b) around 15:00, at the duty-free shop 6 stories and tubes; (c) Defendant A and X have shown roex to ○○○, its employees; and (d) have checked the place in which they keep the display key while leaving the display clock in advance; and (e) Defendant B and C have moved the lock 2 at the display 2 of the above roex and tubes; and (c) have found the above roex and tubes in front of the above 2ndrox 2ndrox 2ndrox 2ndrox 2nd 3rd 3rd 3rd 2nd 3rd 3rd 3rd 2nd 3rd 3rd 2nd 3rd 3rd 2nd 3rd 3rd 3rd 2nd 3rd 3rd 3rd 3rd 3rd 3rd 3rd 3rd 3rd 4th st st st st 2nd st st m.
As a result, the defendants stolen the victim's property together.
Summary of Evidence
Omission
Application of Statutes
1. Article applicable to criminal facts;
Defendants: Articles 331(2) and (1) of the Criminal Act
1. Suspension of execution;
Defendants: Article 62(1) of the Criminal Act
1. Confiscation;
Defendants: Article 48(1) Subparag. 1 of the Criminal Act
Reasons for sentencing
The sentencing guidelines shall be imposed as ordered in consideration of the scope of sentencing [the scope of sentencing [the thief crime group, the thief for general property, the 2th category (general larceny), the area of aggravation, the 10th-2 year imprisonment] and the following circumstances:
○ favorable normal circumstances: The fact of crime is recognized and reflected, the damage has been returned to the victim;
It has no record of criminal punishment in the Republic of Korea;
○ Unfavorable Circumstances: The instant crime is organized by the Defendants to reduce high visibility.
that the nature of the crime is not good.
○ Other: The age, character and conduct, environment, circumstances before and after the commission of the crime, etc.
Freeboard Kim