beta
(영문) 대전지방법원 2018.01.25 2017고단274

특수절도

Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

On January 26, 2017, the Defendants were sentenced to a suspended sentence of one year and six months for special larceny at the Daejeon District Court on January 26, 2017, and that judgment became final and conclusive on February 3, 2017.

Defendant

A is the nationality of the steel frame and the foreigner of the nationality of the defendant B who is the foreigner of the Republic of Korea Kazakh, and is the student attending the third and third years of each Korean university for video information.

On June 17, 2016, the Defendants were trying to cut off one set of TV services equivalent to KRW 35 million at the market price, and one set of TV services equivalent to KRW 35 million at the market price at the location of the Defendants, when they heard lessons at 300,000,000, a university-based 3410, a university-based 300,000,000.

Accordingly, at around 22:00 on the same day, the Defendants parked the car of Defendant A in front of the building, separated TV from the wall by using the dracker prepared in advance, transported the dracker soft and transfer the dracker server to the said car by their own hand, and then moved to the residence of Defendant A.

Accordingly, the Defendants, together, stolen the total amount of 38.6 million won in the market value owned by the Korea Cinematographic University of Victims.

Summary of Evidence

1. A protocol concerning the examination of suspect against the defendant B;

1. Written statements of D;

1. Voluntary submission of a report on seizure, list of seizure, and voluntary submission;

1. Report on investigation (a copy of the protocol concerning the interrogation of suspect) - Protocol concerning the interrogation of suspect (A);

1. Investigation report (to attach photographs by handing over damaged objects and by cutting down CCTV images at the scene);

1. Reporting on occurrence of a disaster;

1. On-site investigations, etc.;

1. On-site photographs;

1. Previous convictions: Inquiries of summary information of each case, and the application of the text of the judgment of Daejeon District Court 2016 High Court 4600 High Court

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

1. Defendants who commit concurrent crimes: Each of them [Article 37 of the Criminal Act, but Article 39(1)];

1. Defendants to be mitigated of a small amount: Each [Article 53 and Article 55(1)3 of the Criminal Act] of the Defendants’ grounds for sentencing shall take into account the equity in cases where the Defendants were tried together with the final and conclusive crimes.