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(영문) 인천지방법원 부천지원 2019.08.28 2018고단3446

특수절도

Text

Defendants shall be punished by imprisonment for six months.

except that the execution of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:55 on October 17, 2018, the Defendants: (a) laid off the “E” operated by the victim D in Bupyeong-si, Busan; (b) laid off the body type of the extracted machine installed therein, Defendant B put his hand and taken the body form; and (c) subsequently, Defendant A cut off five races equivalent to the total market value of KRW 100,000 in a way that Defendant A taken the body form off in the same manner.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of victims of D;

1. A police report (special larceny) and a criminal investigation report (Attachment to a video backup);

1. Application of the Acts and subordinate statutes on CCTV images to crime scene;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Grounds for sentencing under Article 62 (1) of the Criminal Act

1. Scope of punishment by law: Six to five years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines: From six to one year and six months (decision of type): thief for general property [Type 2] general larceny [the scope of recommending area and recommending punishment] basic area, imprisonment with prison labor for six months to one year and six months [the general person who is a general person] - None of criminal punishment power - Where two or more persons are combined.

3. Determination of sentence: The crime of this case, which was 6 months of imprisonment, and 2 years of suspended sentence, committed by the Defendants, each of whom was sentenced to the suspension of indictment for the same kind of crime, and the nature of the crime is the thief, which is bad, and the injury is not compensated. The circumstances after the crime appear to be considered as favorable to the Defendants, such as the circumstances unfavorable to the Defendants, or the fact that there is no record of criminal punishment, and that there is no record of criminal punishment. The frequency and amount of the crime, the amount of damage, the Defendant A is scheduled to enlist in active duty service in September 2019, and the age, character and behavior, the environment, the motive, means and results of the crime of this case.