특수절도
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.
Punishment of the crime
Defendant
A on January 13, 2015, the Changwon District Court sentenced a person to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and a violation of the performance of special official duties, and completed the execution of the sentence on May 10, 2015.
Defendant
B On May 19, 2016, after being sentenced to 10 months of imprisonment with prison labor for larceny, etc. in support of Sungnam branch of Suwon branch, the execution of the sentence was terminated on November 17, 2016.
While the Defendants were living together in the D Public Noticeel located in Seongbuk-si, Changwon-si, Sungwon-si, and Defendant A, on the 3th floor of Sungwon-si E Commercial Building B, planned to steal the property from the victim’s PC working as an employee.
On April 4, 2017, at around 06:28, the Defendants used the Kakao text message from the PC room, and Defendant A went out of the PC room as if they were divingd in the toilets, Defendant B decided to steal the property of the victim by using the gaps, and Defendant A carried out cash 192,00 won, which was owned by the victim in the treasury of Defendant B, and Defendant B carried out.
As a result, the defendants stolen the victim's property together.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made by the police with regard to F;
1. A protocol of seizure and a list of seizure;
1. Investigation report (Attachment, such as a CCTV closure photograph, etc. for a crime inside the PC room);
1. Previous convictions in judgment: Application of a reply to inquiry, such as each criminal history, (A), and each investigation report (verification of the facts of crime during the period of suspect A and B repeated crime) Acts and subordinate statutes;
1. Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act
1. Aggravationd Defendants: Article 35 of the Criminal Act
1. Defendant B: Defendant B’s reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are against the Defendants, and the amount of damage is relatively small, and Defendant B did not want punishment against Defendant B by mutual consent with the victim F.
On the other hand, Defendant A has a criminal record of the same kind of punishment.