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(영문) 서울서부지방법원 2020.05.20 2020고단912

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

On February 9, 2020, at around 08:30, the Defendants discovered the c and fifth stories of “D” toilets in Eunpyeong-gu Seoul and 5 stories, and the victim E, the above main customer, discovered the click click click click clclclclclclclclclclclclclclclclclclclclclclclclclclclclclclclclclclclclclclclclclclclation, Defendant B, according to Defendant A, entered the above white clclclclclclclclclclcl, and Defendant A continued to open the clclclclclclclcl with the victim’s clclclclclclclcl and its surrounding products.

As a result, the Defendants, together, stolen approximately KRW 500,000 in cash owned by the victim, KRW 520,00 in the market price, KRW 520,00 in the old gate, and KRW 872,00 in the market price.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Police statements prepared in E;

1. Reports on internal investigation (on-site CCTV analysis);

1. Application of Acts and subordinate statutes to the records of seizure;

1. Article 331(2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types of punishment] thief for general property [Class 1] thief [Special Convict] mitigation element: Imprisonment with prison labor for a mitigated area [the scope of recommending and recommending punishment] mitigated area, one month to six months [the scope of recommending punishment corrected according to the sentencing guidelines].