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(영문) 대구지방법원 2016.09.01 2016고단1590

특수절도

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 10:30 on March 24, 2016, the Defendants stolen precious metals from the gold bank, sold them to raise living expenses, and then conspired to make up for them, and entered the bank of the operation of victims E in Daegu Jung-gu.

Defendant

F reported the network from Defendant A’s side, Defendant A demanded that “I am to purchase the above goods,” and Defendant A am to “I am to see the goods.” The victim am to show 18 kn's 10 kn's 10 kn's kn's 15 kn's kn's kn's kn's 15 kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn'

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Photographs of damaged articles;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of CCTV images at the scene of a crime, the submission of a letter of estimate of damaged articles, and the calculation of market price of damaged articles);

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

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. The Defendants on probation: The reason for sentencing of Article 62(1) of the Criminal Act [the scope of recommending punishment] ; the reason for the offense of this case in combination with the Defendants is not good enough to commit the crime of this case, where they intrude into places other than indoor residential space (the person subject to special mitigation) (the person subject to special mitigation from April to January 6).

However, it has yet to be attained that the Defendants were able not to repeat again, and that the damaged goods were immediately returned to the victims, and the Defendants agreed to make additional agreements with the victims, and the same kind of agreement with the Defendant A.