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(영문) 서울중앙지방법원 2018.05.24 2018고단1126
절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2017, around 09:36, the Defendants discovered the victim E with a cellphone of 800,000 won between the bank and the market value of 60,000 won, and reported the network by putting the CCTV-TV installed at the above location, and putting the victim’s above smartphone into his own scam, and put the Defendant A with his identification card, body card, and scam cash, etc. in the above bank.

In addition, one's own money has been laid away together with it.

As a result, the Defendants conspired to steal the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Application of Acts and subordinate statutes to report on investigation (verification of CCTV images recorded at the time the person is under investigation);

1. Defendants of the relevant legal provisions regarding criminal facts: Articles 329 and 30 of the Criminal Act and choice of imprisonment

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendants, on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act, led the instant crime under mutual roles and led the Defendant to commit the instant crime, and led the stolen smartphone handling.

The damage of the victim was not completely recovered, and the circumstances where the defendants endeavored to recover the damage are also difficult to find.

Defendant

A has been punished by violence, etc. five times, and Defendant B also has been punished five times due to injury.

Considering these circumstances and the sentencing conditions under Article 51 of the Criminal Act, the Defendants choose to be sentenced to imprisonment and order a somewhat longer time community service during the period of suspension of execution.

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