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(영문) 의정부지방법원 2016.01.11 2015고단3919

특수절도

Text

Defendants shall be punished by imprisonment for four months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 25, 2015, Defendants A and B were sentenced to a suspended sentence of ten months for special larceny, etc. at the District Court of the Republic of Korea on September 25, 2015, and Defendant B were sentenced to a suspended sentence of two years for eight months for imprisonment, respectively, and the judgment became final and conclusive on October 3, 2015.

On March 14, 2015, at around 20:00, the Defendants, along with D and E, committed a theft with the cash of KRW 50,000,00 in the bank by the victim G in Daejeon Dong-gu, Daejeon, with the network of Defendant B, E, and Defendant A, and D, with the entrance correction device damaged and intruded into the bank.

The Defendants stolen the property of KRW 1,310,000 in total in the same way six times, such as the list of crimes in the attached list.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of I, G, J, K, L and M;

1. All on-site photographs;

1. Each CCTV image;

1. Previous convictions in judgment: A reply to inquiry, such as each criminal history, reporting on the results of confirmation of the previous convictions of each disposition, and applying Acts and subordinate statutes to investigation reports (report on the same type of criminal records);

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

1. Defendants who commit concurrent crimes: Article 37 of the Criminal Act: Provided, That Article 39(1) of the Criminal Act is applicable;

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

1. Defendants on probation: Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act,

1. Defendants of a community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing criteria / [type] basic area of the theft against general property (a period of one year - June 2);

2. Despite the age of the Defendants’ determination of sentence, the Defendants repeated the same kind of crime in multiple times without the opening, and not yet recovered from the victims’ damage. However, each of the instant crimes was committed prior to the final and conclusive judgment on the crime of larceny, etc. around that time, and the Defendants’ age, sex, family environment, motive and circumstance of the crime, and the means and consequence of the crime.