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(영문) 인천지방법원 2018.11.08 2018고단5349

특수절도등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants jointly committed the crime at around 17:10 on March 3, 2018, around 17:3, 2018, at the Nam-gu Incheon, and at the F Mart operated by the victim E, Defendant A obcing a horse to an employee, and Defendant B put two wheelchairss of the total amount of KRW 44,00 in the market value of the victim’s possession on the display stand.

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

2. On March 3, 2018, at around 17:15, Defendant A stolen two natives in the south-gu Incheon Southern-ro 58 and on the street in front of the station located in the State, and used to flee by driving a Gpoter vehicle in front of the station located in the city, and used to remove the vehicle of the Gpoter, the victim E (342) extracted the key of the vehicle and the vehicle by driving the Defendant, and put the Hand on hand, even though the Defendant prevented the escape, the Defendant used the victim by moving the engine of the vehicle to a auxiliary key possessed by the Defendant and moving the victim about 5 meters to the direction of the vehicle.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. A H statement;

1. The 112 reported case processing list, photographs of damaged objects, CCTV images, and comprehensive vehicle details;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 331(2) and (1) of the Criminal Act (the occupation of special larceny) and Article 260(1) of the Criminal Act (the occupation of assault and the choice of imprisonment)

B. Defendant B: Article 331(2) and (1) of the Criminal Act

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Defendants on probation: Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommendations] [the grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommendations] There are no basic areas (4 to 8 months) (the person who is subject to special sentencing] (the decision of sentencing] [the Defendants had previously been punished for the same kind of crime and did not reach an agreement with the victim]. In light of the fact that the Defendants had previously been punished for the same kind of crime, it should be sentenced to strict punishment corresponding thereto.