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(영문) 대구지방법원 김천지원 2017.11.22 2017고단1403

특수절도

Text

Defendant

A and B shall be punished by imprisonment for six months.

Defendant

C Exemption from punishment for C

Reasons

Punishment of the crime

Defendant C was sentenced to ten months of imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court on July 14, 2016, and completed the execution of the sentence at the Ganpo Prison on May 6, 2017. On August 24, 2017, Defendant C was sentenced to one year and two months of imprisonment with prison labor for special larceny, etc., and the judgment became final and conclusive on September 20, 2017.

Criminal facts

On June 7, 2017, around 02:33, the Defendants came to know “G” in the operation of the Victim F in Sinpo City E, and Defendant B, in his hand, destroyed a locking device by means of cutting the restaurant door so long as it is so fast and fast, and reported the network around the above store, and Defendant A, Defendant C, and Defendant C, upon intrusion into the locking point through the open door, take out KRW 100,000 in cash owned by the victims at the safe located there.

L. The Defendants, including theft, together with the Defendants, from that time on the same month.

9. From 04:15 to 04:15, a total of KRW 1,278,000 was stolen on four occasions, such as the list of offenses in the annexed sheet.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of F, H, I, and J;

1. A report on results of field meals, on-site photographs, etc.;

1. Previous conviction (Defendant C): Application of the results of inquiry, such as criminal history, and the Acts and subordinate statutes of a report on investigation (attached to written judgments, etc.);

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

1. Aggravationd criminal defendant C: Article 35 of the Criminal Act;

1. Defendant C who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendant C exempted from punishment: The fact that multiple crimes were committed during a short period of time under Article 39(1) latter part of the Criminal Act [the equity in the case of special larceny, etc. in which the judgment becomes final and conclusive, and taking into account the equity in the case of being tried at the same time, the crime committed in this case, and the time and scale of damage], and the recovery of damage.