Text
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.
, however, the defendant from the date of this judgment.
Reasons
Punishment of the crime
The Defendants are the auditorily disabled in Grade II.
The Defendants knew that the victim D had a large amount of cash stored in the cargo vehicle, and attempted to steals it.
On September 13, 2016, at around 21:10, the Defendants discovered G wing-in cargo vehicles in front of the F in the Southern City E Village, which were parked therein, and Defendant B opened a vehicle door in an influence and took 3.4 million won in cash on the wall of the victim who was located in the receipt box of the said vehicle, among the view of the network, Defendant B opened the vehicle door by an influence method.
Ultimately, the Defendants jointly stolen the victim’s property.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act
1. Defendants to reduce deaf-mutes: Articles 11 and 55 (1) 3 of the Criminal Act;
1. Defendant B’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;
1. Defendants in a suspended sentence: The Defendants conspired to commit a planned theft in collusion with the Defendants on the grounds of sentencing under Article 62(1) of the Criminal Act; the Defendants’ theft of money from the victim’s vehicle after forcing the victim’s door to commit the crime; and both the Defendants are likely to be subject to criticism in view of the fact that there is a relationship with the victim.
However, all the Defendants are deaf-mutes and reflects, and agree with the victim, Defendant B takes into account the first offender in favorable circumstances, and determine the punishment as ordered in consideration of all the sentencing conditions, such as the amount of damage, etc.