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(영문) 서울동부지방법원 2015.12.24 2015고단3108

특수절도

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant conspired with her husband on April 2015, at the school library located on the first floor of 269 scam 1, Songpa-gu Seoul Olympic Games, 2015, the Defendant: (a) made up approximately KRW 100,000 of the market price of the victim’s school library, which was displayed in the above school library store; (b) made up for approximately 4-5 advance preparation of a film of KRW 100,00,000 in the market price of the victim’s school library, which was located in the above school library store; and (c) B received and accepted the DVD from the Defendant waiting outside the store to May 20, 2015 from the above day to May 20, 2015; and (d) cut off the property of KRW 1834,600,000, the market price of the victims, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement of C or D;

1. Each protocol of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Relevant Articles 329 and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, Article 62(1) of the Act on the Suspension of Execution, Article 62(1) of the Act on the Punishment of Specific Crimes [the scope of recommendations] Part I (the scope of punishment), Part I (the number of offenses and the degree of damage to general property), Part I (the victims have returned to the victims and agreed to compensate for the remainder of damage, the scope of recommendations] Part I (the scope of punishment), Part I (the number of offenses and the number of months), Part I (the number of months), Part I (the number of months), Part I (the number of months) of the mitigation area of punishment [the scope of recommendations] Part III of the mitigation area of punishment [the scope of punishment] Part I (the mitigation area of general property] and the mitigation area of punishment (one to six months) [the mitigation area of punishment]. From January 11] of each of the crimes of this case, the details and contents of each crime, the degree of damage to the victims, the victim's health and family relation, etc.