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(영문) 서울중앙지방법원 2016.04.21 2016고단1088

특수절도

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant A was sentenced to one year of imprisonment with prison labor for special larceny at the Seoul Central District Court on May 28, 2015 and two years of suspended execution, and such sentence is the same year.

6. 5. Final and conclusive, and currently during the grace period.

[Criminal Facts]

1. On February 10, 2016, the Defendants: (a) on February 10, 2016, on the roads located in Jongno-gu Seoul Cheongcheon-ro 363, Jongno-gu, Jongno-gu, Seoul, Defendant E, according to the victim E, Defendant A, on a yearly basis, ran the victim’s bank; and (b) the victim’s walled in cash 1.30,000 won;

The body of Defendant B brought about, and Defendant B brought Defendant A's behavior to prevent the occurrence of the crime.

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

2. On February 20, 2016, the Defendants: (a) on February 20, 2016, on the roads located in Jongno-gu Seoul, Jongno-gu, Seoul, 308, the victim F, the Defendant A, along with the victim F, shall annually leave the victim’s bank, and then leave the victim’s wall owned by the victim, including KRW 20,000,000 in cash.

The body of Defendant B brought about, and Defendant B brought Defendant A's behavior to prevent the occurrence of the crime.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the suspect examination of the police against the defendant A (two times);

1. Each police statement of E and F;

1. A photograph of the victim upon the face of a crime;

1. Application of the Acts and subordinate statutes concerning data to capture CCTV images related to additional crimes;

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 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. Defendants to be mitigated in amount: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 2011);

1. Defendant B who was suspended from execution: Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1148

1. Defendant B who observe the protection: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Defendant A

(a) The scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years; and

(b) The scope of the recommended punishment on the sentencing criteria shall be one);