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(영문) 서울북부지방법원 2018.01.17 2017고단3533

특수절도등

Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants, it is between one year from the date of the final judgment of this case.

Reasons

Punishment of the crime

1. On March 22, 2017, at around 03:54, the Defendants discovered CA1105, the market value of 2.2 million won owned by the victim F, who was parked in the vicinity of the Seoul Western-gu E, Jung-gu, Seoul, and Defendant C reported the network by Defendant C, Defendant A her walked with the starting dong by using the hydro-ridge key he was prepared in advance, and driven Defendant C as it was.

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

2. On March 22, 2017, the Defendants: (a) around 05:30 on a mobile phone sales store operated by the victim H in Jung-gu Seoul Metropolitan Government, Jung-gu; and (b) Defendant A waiting in the air outside of the city with a Otoba, and Defendant C did not leak the glass window with the brick that was found on the street and intruded into the store, but did not find a mobile phone to be stolen.

As a result, the Defendants jointly attempted to steal the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of H and F;

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

1. The Defendants of the pertinent legal provisions concerning criminal facts: Articles 331(2) and (1) of the Criminal Act; Articles 342, 331(2) and 331(1) of the Criminal Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. The Defendants: (a) the reasons for sentencing under Article 48(1)1 of the Criminal Act do not have any previous conviction; (b) the victims do not want to punish the Defendants; (c) the age, sex, intelligence and environment of the Defendants; (d) the relationship between the victims; (e) the motive, means and consequence of the commission of the crime; and (e) the circumstances after the commission of the crime are determined as ordered.