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(영문) 춘천지방법원 강릉지원 2016.02.04 2015고단1444

특수절도

Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

The defendant, who is a student of C and elementary school, conspired with each other to steals uniforms within the temple with the knowledge that he/she will wear with precious metals, books, etc. when he/she points the Buddhist in the temple.

On March 12, 2015, at around 14:00, the Defendant and C, as indicated in the list of crimes in the attached Form, committed a theft of or attempted to steal the victims’ property worth KRW 18,340,000 at 20 times from that time until November 24, 2015, in which: (a) the Defendant and C, by intrusion upon the inspection court; (b) the Defendant, as a hand on the part of the inspection court; (c) the Defendant, as a hand, fright up to a single unit; and (d) the victim’s market price in the uniforms, in which the Defendant and C were not known; and (d) the Defendant and C, as recorded in the list of crimes in the attached Form, committed a theft of or attempted to steal the victims’ property worth KRW 18,340,000 at the market price.

Accordingly, the defendant committed a theft or attempted theft of the victims' property jointly with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Each police statement made to G, H, I, J, K, L, M, N, P, Q, R, T, T, or U;

1. Seizure records;

1. Investigation report (Attachment of GPS data);

1. Application of statutes on site and CCTV photographs;

1. Articles 331(2) and 331(1) (special larceny) of the Criminal Act in relation to the facts constituting an offense, and Articles 342, 331(2) and 331(1) (special larceny) of the Criminal Act;

1. The range of sentencing guidelines for the following reasons: The former part of Article 37 of the Criminal Act, Article 38(1)2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 50 of the same Act, which has served on three occasions as the same criminal reasons for sentencing (196, 200, and 209) and the scope of sentencing guidelines that no damage has been restored: Imprisonment for one year, two years and six months (the imprisonment for the larceny crime, general property, larceny, type 4, intrusion upon a place outside of an indoor residential space, and recovery of serious damage);