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(영문) 서울남부지방법원 2017.07.18 2017고단2224

특수절도

Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Criminal facts

1. The Defendants knew of the entrance password of the above game room based on their experience from “F Gameland,” located on the second floor of the building located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, as an employee, and committed a theft with the knowledge that the victim G operating the above game room was kept in a safe to provide the games to customers conducting the game on the following day at the time of the closure of the game room business every day.

2. On March 6, 2017, Defendant A, at the time of the crime, notified Defendant B of the entrance and password and the safe number of the imprisonment without prison labor known to Defendant B in advance, and notified the location of CCTV installed in the game room to trace and avoid arrest after the crime, he/she went to the above F Gameland around 04:36 of the same day after he/she went into the game room and came to know of the network. Defendant B arrived at the entrance of the above game room and opened the password of the entrance. Defendant B, upon entering the entrance of the above game room, entered the password managed by the victim G, who was located adjacent to the entrance of the entrance, and then deducted KRW 5 million in cash from the Defendant A after entering the password, which he/she was aware of the entrance of the entrance.

In addition, it has been placed in a color room prepared in advance.

Accordingly, the Defendants, together, stolen 5 million won in cash owned by the victim G as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. G statements;

1. A police investigation report (including on-site and CCTV investigations, and CCTV images images);

1. Application of the police investigation report (Attachment to the Kakao Stockholm photographs sent and received by a suspect B and A) Acts and subordinate statutes;

1. Relevant Article 331(2) and (1) of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: Articles 331(2) and (1) of the Criminal Act; and the choice of imprisonment

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 of a suspended sentence: Article 62(1) of the Criminal Act (the following grounds for sentencing) are favorable.