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(영문) 대구지방법원 2018.03.23 2017고단7126

특수절도

Text

Defendants shall be punished by imprisonment for eight months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

In order to raise living expenses, the Defendants conspired to steal precious metals from the room, and around 16:56 on November 15, 2017, the “E” for the operation of the victim D (V, 35 years old) located in the Jung-gu Seoul Metropolitan City, Jung-gu, Seoul Special Metropolitan City on November 15, 2017, and Defendant A changed the victim from 20 knife. Defendant B followed Defendant B to show 30 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of D and F;

1. Application of Acts and subordinate statutes to internal reports (report on photographs of damaged articles), photographs, investigation reports (related to the attachment ofCCTV photographs), photographs;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Reduction of a small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Although the Defendants’ nature of the instant crime is not good for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, considering the method and content of the sentence, the Defendants still seem to be a primary offender with no criminal history, all of the Defendants are arrested at the scene of the crime, and there is no substantial damage to the victims as they were arrested at the scene of the crime, and the Defendants have still burned.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the motive of the instant crime and the character and conduct of the Defendants, shall be comprehensively determined as per Disposition.