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(영문) 춘천지방법원 2012.09.06 2012고단739

특수절도

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

except that from the date of this judgment.

Reasons

Punishment of the crime

On July 8, 2012, at around 01:30, the Defendants resolved to intrude the precious metal store to steals the property, and then cut the property in advance, from the precious metal store operated by the victim E in Switzerland-si around 03:49 on the same day, the Defendants integrated the network, and Defendant B notified Defendant A of the network as “mort mort mort” to the following Defendant. Defendant A destroyed the said Indian block by destroying it on the precious metal store shock window, and intruded the precious metal store, destroyed the show site in good form, and carried out nine precious metals such as three 7.5 million won in total, the market value of the victim, which was displayed inside it, and carried out nine precious metals such as six mort mort.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Each protocol of seizure and the list of seizure (which pages, 116 pages, 121 of investigation records);

1. The occurrence of thefting incidents and the application of Acts and subordinate statutes to investigation matters (related photographs);

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

1. Defendants on probation: Article 62(1) of the Criminal Act (see the following grounds for sentencing)

1. Defendants on probation and community service order: Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of applicable sentences] 1 year, 10 years (the scope of recommending punishment ] 1 year, 1 year, 2 years and 6 months: Special mitigation factors: In cases of intrusion into places, other than indoor residential space, the special aggravation factors: In cases of intrusion into places, other than indoor residential space, the special aggravation factors: In cases of serious damage: In cases of serious damage recovery, the serious reflective general aggravation factors (the reason for suspending execution of sentence of imprisonment): 2 or more joint factors (the reason for suspending sentence of imprisonment);

1. Grounds for major participation: Night-time damage and intrusion upon residence;

2. Reasons for general reference;

(a) positive: A person who has no criminal record of at least a stay of execution (limited to the defendant A), and a serious reflect;

(b) negative: A leading role as an accomplice (limited to the defendant A);

3. Selection of suspension of execution: All the criteria for recommendation of suspension of execution and sentence shall be satisfied;