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(영문) 서울중앙지방법원 2019.01.10 2018고단6165

특수절도

Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Justice] On October 29, 2018, Defendant P was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court and 2 years of suspended execution, and the judgment became final and conclusive on November 6, 2018.

【Criminal Facts】

At the new wall time, the Defendants were willing to commit the crime of ‘influence', which is called ‘influence' by cutting the cell phones of people from the cellular phone in the area where the main body is densely concentrated in Seoul Gangnam-gu Seoul Metropolitan Government.

On June 11, 2018, at around 07:10, the Defendants accessed the victim S who was under influence of alcohol in front of the bus stops located in Q Q Q of Seocho-gu Seoul, and Defendant T took CCTV from the victim’s side and reported the network, and Defendant P took the 800,000 won of the market price located adjacent to the buckbbbbs.

Accordingly, the Defendants jointly stolen the cell phone of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of S;

1. On-site photographs, 112 reported cases;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, written judgments, investigation reports (prior to and as a result of confirmation of the previous dispositions);

1. Article 331 (1) of the Criminal Act concerning the facts constituting an offense;

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - A favorable circumstances: Confession, confession, lack of significant penalty power, the crime for which suspended sentence has become final and the crime committed ex post facto concurrent crimes - Unfavorable circumstances: bad quality of the crime, lack of agreement with the victim, repetition of the same crime, possibility of recidivism - Other circumstances after the crime, etc. of the Defendants;