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(영문) 서울중앙지방법원 2016.06.16 2016고단2558
특수절도
Text

Defendants shall be punished by imprisonment for eight months.

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

Reasons

Punishment of the crime

The Defendants were able to capture the breath against the drunk, theft of the wall, and withdraw cash by using a debit card inside the wall.

1. On April 3, 2016, at around 20:00, the Defendants discovered the victim I under the influence of alcohol in front of the H “H” officetel located in Jongno-gu Seoul Metropolitan Government G, and Defendant B reported the network, Defendant A was able to debris the victim, and Defendant A was able to debris the victim with the victim, and inside the part of the victim’s main machine.

They go back.

Accordingly, the Defendants jointly stolen the victim I's property.

2. The Defendants discovered the password of the Defendant’s debit card from the Defendant under influence of alcohol in such a way that it cannot be identified at the same time and place as paragraph 1. On April 3, 2016, around 20:4, at the cash withdrawal period (ATSM) of the “SC bank 365 cop” located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, Seoul, around April 3, 2016, Defendant A reported the network, Defendant B entered the above I’s debit card into the cash withdrawal period, and then withdrawn KRW 3 million in cash via three times in total.

As a result, the Defendants committed a theft of cash managed by the Victim EsC (SC) bank.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes on police statements made to I (1, 2 times) to each police protocol;

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

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

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

1. Defendants who hold a suspended sentence: Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act)

1. Defendants of the community service order: The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (the Defendants) are two or more persons jointly committed a crime against those vulnerable to the crime at night, and they committed theft.

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