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Reasons
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(영문) 대전지방법원 천안지원 2015.01.15 2014고단1220
특수절도등
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Defendants shall be punished by imprisonment for six months.

However, as to the Defendants, it is for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Special larceny Defendants: (a) around 02:40 on March 21, 2014, around 02:0, around 02:40, ebry soup room in Asan City; (b) discovered the victim F; (c) reported the network from around the victim; and (d) Defendant A, with the victim’s studle key, had the said key to the victim and Defendant G; (c) opened a studio used by the victim; and (d) brought KRW 140,000,000 in cash on the part of the victim, and brought about KRW 2,00,000 in cash on the part of the victim.

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

2. On March 23, 2014, the Defendants in violation of the Punishment of Violences, etc. Act (joint conflict) collected money from the Defendant to pay money to the said three persons, i.e., “one hundred thousand won or more,” and Defendant B was issued 5,000 won from the victim who was fright to raise money as the next side.

As a result, the Defendants jointly received the property by threatening the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Each statement of F, J, I, K, and L;

1. Report on occurrence of a theft;

1. Application of Acts and subordinate statutes, such as photographs, field photographs, etc. of damaged areas;

1. Article 331 (2) and (1) of the Criminal Act for the crime concerned; Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act; Article 350 (1) of the Criminal Act for the crime;

1. Selection of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act, in the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary work and taking into account Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the accused reflects the truth in depth and the fact that the accused has yet to age);

1. The favorable circumstances in Article 62(1) of the Criminal Code of the Suspension of Execution and the agreement that Defendant A only agreed with the victim M.

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