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(영문) 서울북부지방법원 2016.10.13 2016고단3084
특수절도
Text

Defendants shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendants committed the crime against the victim C around March 26, 2016, at least 04:46, and around the house of the victim C located in Dongdaemun-gu Seoul Dongdaemun-gu Seoul, Defendant B divided the first race and caused the victim to open the gate by misunderstanding that the victim was aware of the first race. Defendant A, based on the Maro, committed the theft by leading the victim’s 3,40,000 won of the victim’s 3,000 won of the Ma.

2. around 05:00 on March 26, 2016, the Defendants discovered the ICN bicycle on the 43 street as Seoul Metropolitan Government-established 15-gil, and the victim’s name-unclaimed box owned by the bicycle storage unit, Defendant A returned a number of locks, and Defendant B cut together with a method of viewing the locked from side.

Summary of Evidence

1. Defendants’ respective legal statements

1. C’s statement;

1. Reports on internal investigation (in-house death on the suspect moving route);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Standard for sentencing of reasons for sentencing under Article 333(1) of the Criminal Procedure Act to return victims;

(a) Special larceny (Scope of recommending punishment) in paragraph (1) of the holding, which is the basic area (6 months to 1 year and 6 months) of the larceny in general property;

B. The scope of the final sentence due to the aggravation of multiple offenses in the basic area (from April to August) of category 1 of the theft in general property (the scope of recommending punishment) of paragraph (2) of the judgment: the defendants recognized each of the crimes of this case in June to October of the sentence, the defendants did not have any record of criminal punishment against the defendants, and the defendants appears to have committed each of the crimes of this case in contingency.

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