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(영문) 서울서부지방법원 2017.01.18 2016고단3496

특수절도등

Text

Defendants shall be punished by imprisonment for eight months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 25, 2016, at around 08:48, the Defendants gathered to steals money from the “F published tele” 4 floor operated by the victim D in Eunpyeong-gu Seoul Metropolitan Government on September 25, 2016. Defendant B, who confirmed whether the victim was in a toilet and had money on the office’s book, is waiting between 4 and 3 floors after a given period to the effect that the victim was in a physical color. Defendant A used 850,00 won, cash card, 4, credit card, 2, credit card, 3, and one resident registration certificate, etc., which are owned by the victim in a cresh that is not in the office.

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

2. The Defendants infringed upon a structure by entering the 4th floor of the F-Public Notice Host in the manner described in paragraph 1 in the same manner as the date and time described in paragraph 1, thereby impairing the structure managed by the victim D.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Written statements of D;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Articles 331(2) and 331(1) (special larceny) of the Criminal Act concerning the facts constituting an offense, and Articles 319(1) and 30 of the Criminal Act (the point of intrusion upon buildings, and the choice of punishment by imprisonment)

1. Aggravation of concurrent crimes (to the extent that the sum of the lengths of two crimes) under the former part of Article 37, Article 38(1)2, and Article 50 of each Criminal Act;

1. Reduction of a small amount (the Defendants) Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing)

1. Article 62(1) of the Criminal Act (The following consideration shall be made again for the reasons for sentencing)

1. Protective observation and community service order (the Defendants) under Article 62-2 of the Criminal Act;

1. Reasons for sentencing of Article 333(1) of the Return Criminal Procedure Act (the scope of recommended punishment) [the defendants] theft against general property.