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(영문) 수원지방법원 2019.01.24 2018고단6671

특수절도

Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

The defendants were aware of the theft crime that they came to know at the time when they were confined in Seoul detention center.

From the “D” point in Young-si, Young-si, the Defendants conspired to take away the goods from one person’s own bank by inserting the goods displayed at the same time to his own bank, between one person’s view of the network.

At around 17:00 on September 21, 2018, the Defendants posted the “D” at the “D store,” one another, and the other between the two parties and the two parties to view the network, respectively, into a bank, one of the two compacts and one of the two ends managed by the victim E.

As a result, the Defendants, together, stolen the total amount of KRW 379,302, KRW 4,00 and the total amount of KRW 9,940,00.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Application of Acts and subordinate statutes to the price of damaged photographs and damaged articles;

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

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A on probation: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [Scope of recommending punishment] The basic area (six months to one year and six months) of the theft of general property (general larceny) (special person)

2. According to the rulings of sentence, the sentencing conditions in the instant trial process, such as the Defendants’ age, character and conduct, family relationship, family environment, motive and means of crime, and the circumstances after the crime, shall be determined as ordered in full view of the following circumstances.

In favorable circumstances: The amount of damage is not so significant, damage is returned, and defendant B has no record of punishment for the same kind of crime after 1997: there are many kinds of records that all the defendants were punished for the same crime, and in particular, defendant A has a number of records of punishment including that sentenced to imprisonment of 2 years and six months in 2012.