특수절도
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.
Punishment of the crime
[Criminal Records] On June 23, 2016, Defendant A was sentenced to imprisonment with prison labor for six months as a result of the acquisition of stolen goods at the Busan District Court’s Dong Branch Branch, and the said judgment was finalized on July 1, 2016.
In addition, on September 8, 2016, the Busan District Court sentenced ten months to imprisonment with prison labor for the crime of safekeeping stolen goods, etc., but the appeal was dismissed on November 14, 2016, and the judgment became final and conclusive.
Defendant
B On February 6, 2015, the Busan District Court was sentenced to one year of imprisonment for special larceny and completed the execution of the sentence in Busan District Court on September 2, 2015.
[2] On May 1, 2016, at around 06:25, the Defendants discovered the victim F, who was sitting and diving on the floor of the drunk in front of the “E” restaurant located in Busan, Busan, the Busan, and conspired to steals F, which is under the victim’s direction, with a gallon-tang 5 cellular phones.
Accordingly, Defendant B reported the network of people in the surrounding areas, and Defendant A had 5 mobile phones of Samsung Gallon in the market value of the victim's 80,000 won owned by the victim, which is located under the victim's development.
As a result, the defendants stolen the victim's property together.
Summary of Evidence
1. Defendants’ respective legal statements
1. A written statement;
1. A report on occurrence of a crime, photographs of the scene of the crime, and a report on investigation (on-site, etc.);
1. The records of the judgment - Defendant A: The references to inquiries, such as criminal history, (A), each written judgment, the Kotenet case - Defendant B: The inquiry letter, such as criminal history, and the application of each written judgment statute;
1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act (joint larceny)
1. Aggravationd criminal defendant B: Article 35 of the Criminal Act;
1. Defendant B who voluntarily surrenders to the police: Article 52(1) and Article 55(1)3 of the Criminal Act;
1. Concurrent Handling and Legal Mitigation Defendant A: After Article 37 of the Criminal Act: Provided, That Article 39 (1) of this Act and Article 55 (1) 3 of the Criminal Act (the equity in cases where a judgment has been rendered simultaneously with each crime of which judgment has become final and conclusive);
1. Defendant B to be mitigated: Articles 53 and 55 of the Criminal Act.