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(영문) 서울중앙지방법원 2017.07.13 2017고단3278
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above two years against the Defendants from the date of the final judgment.

Reasons

Punishment of the crime

Defendants were sentenced to punishment, and around March 2, 2017, at around 19:36, in the custody of the 1614 new forest station in the Southern-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City Southern-ro, and discovered one of the 900,000 won of the market price owned by the victim D, who was in the above custody No. 107, and Defendant A was removed from this and Defendant B was brought to view the network next to it.

As such, the Defendants jointly stolen the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs damaged;

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

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

1. Defendants subject to suspended execution: Reasons for sentencing under Article 62(1) of the Criminal Act;

1. The sentencing criteria [the scope of recommended punishment] The scope of larceny for general property: Where the area of mitigation (four months to ten months) (special mitigated persons) (the area of special mitigated persons) intrudes into any place other than indoor residential space (the four types);

2. The crime of this case committed by the Defendants, which committed the crime of this case, was committed in combination with the subway stations where the Defendants did not properly possess corrective devices, and thus, theft of one lock, and the punishment for the crime, is not weak.

However, the Defendants are able to regard crimes as a substitute and reflect on them.

The damaged goods were returned to the victim.

In addition, the sentencing factors in the trial process of this case, such as the age, sex, motive, means and consequence of the crime, etc., shall be determined within the scope of the recommended sentencing guidelines, and the execution of the sentence shall be suspended.

It is so decided as per Disposition for the above reasons.

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