beta
(영문) 광주지방법원 2014.11.27 2014고단3956

특수절도

Text

[Defendant A] The defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final.

Reasons

Punishment of the crime

On July 5, 2014, around 20:25, the Defendants: (a) around 20:25, in front of the Masan tower located in Jinan-gun, Masan-gun, 367, Masan-gun; (b) around 367, Defendant C discovered a bank on the rail of steel materials while the victim C was fright, and cut off the wall inside the bank, and (c) Defendant B saw the bank on the part of Defendant B.

Accordingly, the Defendants, together, stolen the total market value of KRW 5,30,000,000, which includes one credit card, one post office debit card, one agricultural debit card, one identification card, and 2,50,000 won.

Summary of Evidence

1. Defendants’ respective legal statements

1. The defendants' written statements in each protocol of suspect examination of each police officer against the defendants

1. Each statement made by the police in relation to C and D;

1. Records of seizure and the list of seizure;

1. Each report on investigation;

1. Application of CCTV photographs and field medication-related Acts and subordinate statutes;

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. Defendants on probation: (a) the Defendants committed the instant special larceny on the grounds of sentencing under Article 62(1) of the Criminal Act by combining each of the following crimes; (b) the Defendants committed the instant special larceny, which includes the victim’s walling; and (c) in light of the method and attitude of the crime, the nature of the crime is not good. However, not only seems to have significant damage caused by the instant special larceny crime, but also the victims were returned to the victim out of the damaged goods; and (d) the Defendants did not have the same kind of criminal power; and (e) the Defendants’ age, character, conduct, and environment, etc. were taken into account, the Defendants’ punishment is determined as ordered within April through August (the basic area of the first type of larceny among the general property of the theft crime group).