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(영문) 서울북부지방법원 2017.08.24 2017고단2071

특수절도

Text

Defendants shall be punished by imprisonment for one year.

However, the Defendants are above two years from the date when this judgment became final and conclusive.

Reasons

Punishment of the crime

around 07:01 on February 18, 2017, at D cafeteria located in Dongdaemun-gu Seoul, Dongdaemun-gu, the Defendants collected the victim E from the victim E in so-called so-called 's cell phone so-called 's 's gallon 's market value of KRW 1,000,000,000, and the Defendant B concealed it into his own galper.

Accordingly, the Defendants committed a theft of the property owned by the victim jointly.

Summary of Evidence

1. Defendants’ legal statement

1. A written statement of the victim;

1. CCTV image data CDs;

1. Application of Acts and subordinate statutes on seizure records;

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

1. Defendants on probation: The conditions unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: the Defendants have the record of being punished for the same crime.

The favorable circumstances: The defendants are against the defendants' intent to commit the crime of this case.

As the victim finds a mobile phone from the cell phone and brings it to the victim, the victim committed the crime of this case in a contingent manner. The victim did not want punishment by mutual consent with the victim.

The damaged goods are seized and returned to the victim.

The punishment as ordered shall be determined by comprehensively taking into account such circumstances and the Defendants’ age, sexual conduct, motive for the crime, and circumstances after the crime.