beta
(영문) 의정부지방법원 2017.09.28 2016고단3242

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

On May 9, 2016, at around 23:20 on May 23:20, 2016, the Defendants reported the network in front of the “E for the operation of the victim D” in Dongbcheon-si, the Defendants reported the network before Defendant B, and Defendant A removed two locks installed in the air conditioning, using the crypian in the vicinity, and taken out the 8 cryp and the cryp of pigs amounting to the total market price of KRW 65,000,000 in total.

They have come to her.

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

Summary of Evidence

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police against D;

1. A report on internal investigation, and records of field CCTV images;

1. Investigation reports (investigation of CCTV in the F market near the site), and application of Acts and subordinate statutes to record CCTV images around the site;

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

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

1. Defendants of a suspended sentence: Reasons for sentencing under Article 62(1) of the Criminal Act; and

1. Six months to five years from the imprisonment with labor for a prison labor within the scope of punishment by law;

2. Reduction elements of types 2 (Special Larceny) [person in charge of sentencing] and mitigation elements for general property: Imprisonment with prison labor for 6 months from 6 months to 10 months (the scope of recommending punishment), respectively, (the lowest limit of applicable punishment in law).

3. Determination of sentencing shall be made within the scope of recommended sentencing criteria by taking into account the following circumstances: (a) the Defendants’ age, sex, environment, method and mode of crime, and circumstances before and after the commission of the crime; and (b) the scope of recommended sentencing criteria.

- The defendants have no previous convictions for not more than the last 10 years.