특수절도
1. The punishment against the defendant A and B shall be determined by eight months of imprisonment;
2.Provided, That this ruling shall not be later than two years from the date on which it becomes final and conclusive.
Punishment of the crime
The Defendants, while entering an empty house, were able to live with each other, such as influenites, having difficulty in living with each other, and had scam the money and valuables stolen.
On May 13, 2015, at the same time, the Defendants opened a door at the victim E located in Ansan-si, Dongdong-si, which was not corrected. On May 13, 2015, at the market price of the victim’s possession, the victim’s 5,200,000, the market price of which was kept in the inner cremation, including the precious metal of the sum of KRW 8,60,000,00,000 and approximately KRW 20,000,000,000, the market price of which was in the cell display room, and one gold tank which is equivalent to KRW 5,60,00,000,000.
Accordingly, the Defendants, together, stolen the total amount of 9120,000 won of the market value owned by the victim.
Summary of Evidence
1. Defendants’ respective legal statements
1. E statements;
1. On-site reports on results of field identification, replies to requests for cooperation in investigation, replies to inquiries into cooperative communications in investigation, notification of results of requests, inquiries into data for confirmation of communications, and notification of the results of requests;
1. Reports on internal accidents (the details, etc. of the detection of damaged mobile phones);
1. Each investigation report (as a result of the analysis of video recording data on CCTV for crime prevention, CCTV for recognition of vehicle numbers around the scene of occurrence and around the mobile phone detection site, and of the analysis of CCTV data for crime prevention around the scene of occurrence, the analysis of video recording data on vehicles numbers around the mobile phone detection site, the reasons for requesting provision of communication confirmation data, the specific reasons for requesting provision of vehicles for use and communication confirmation data, the specific suspect, and the list of damaged
1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;
1. Reduction of a small amount under Articles 53 and 55 (1) 3 of the Criminal Act;
1. Article 62 (1) of the Criminal Act for the suspension of execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service work;
1. thief for each type of general property recommended according to the sentencing guidelines, fourth type, and area of mitigation: Imprisonment with prison labor for not less than eight months nor more than one year and six months;
2. Although the sentence of punishment is not imposed in light of the method and risk of the instant crime, the nature of the crime is not weak.