beta
(영문) 서울북부지방법원 2017.11.15 2017고단4092

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

Defendants are friendly.

Defendant

B proposed on September 1, 2017 to Defendant A, “I am a bicycle for a long time,” and Defendant A was willing to steal Defendant B, stating “I am a bicycle for a long time.”

1. On September 1, 2017, around 03:30 on September 1, 2017, the Defendants black the bicycles to be stolen together from the “D” bicycle c in Seoul Special Metropolitan City, Nowon-gu, around September 1, 2017, and Defendant A was on board the bicycle by unlockeding the number key of one 600,000 won of the victim E’s market price.

Then, Defendant A took a stolen bicycle as above, Defendant B her walk, and moved to the place described in paragraph 2 below.

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

2. On September 1, 2017, the Defendants of the crime committed around 04:08, on September 1, 2017, colored a bicycle to be stolen together with the bicycle set at around 04:08, Seoul Special Metropolitan City, Nowon-gu, the bicycle set at around 19:2, 208, a bicycle set at around 19:08, a bicycle set at around 208, Defendant A, a non-victimd with a locked method, and Defendant B boarded the bicycle.

Then, Defendant B took a stolen bicycle as above, and Defendant A took a stolen bicycle as described in paragraph 1 and moved the same to the current two parallels per offset.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of F and E;

1. Investigation report (verification of CCTV at the scene of crime);

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

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

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

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the community service order are as follows.