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(영문) 수원지방법원 2017.12.14 2017고단6718

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

On July 20, 2017, around 04:38, the Defendants discovered the victim C, which was used under the influence of alcohol in the flood park located in Young-ro 145, Young-ro, 2017, and conspired to steals the things possessed by the victim. Defendant B followed the victim’s Australia, etc., and brought a cell phone in the victim’s hand, and Defendant A confirmed the part of the victim’s wall from the victim’s home page, and then cut back the part, then cut down the contents into the back and cut down the contents.

As a result, the Defendants committed a theft of one mobile phone at the market price owned by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. C’s statement;

1. On-site photographs;

1. Investigation Report - Criminal Investigation ctv

1. Application of Acts and subordinate statutes to a investigative report (STV image data verification);

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

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act;

1. The Defendants on the suspended sentence: The reasons for sentencing of Article 62(1) of the Criminal Act [the scope of recommendations] / [the grounds for sentencing of Article 62(1) of the Criminal Act / [the scope of recommendations] / [the persons who have been specially mitigated] / [the sentence] / In this case, the Defendants committed a theft of one mobile phone against the victims under the influence of alcohol in combination with the victims, and the crimes are not good in light of the methods and contents of the crime. However, the defendants are against the defendants, but there are no past records of the crime committed by the defendants, and there are no previous records of the crime exceeding the fine. The defendants returned the stolen mobile phone to the victims, and the defendants are not wanting the punishment of the defendants, taking into account the following factors: the defendants' age, sex, behavior, environment, family relations, circumstances after the crime, etc., and the sentencing conditions as stated in the order shall be determined as ordered.