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(영문) 광주지방법원 목포지원 2015.03.30 2015고단90
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Joint criminal administration with the accused and C;

A. At around 17:21 on January 2, 2015, the Defendant and C discovered that the Victim F is being cleaned up at “E” located in Da and 3rd floor, and the Defendant reported the network from the front stairs of the entrance, and C opened the entrance of the above play school and opened the classroom and opened the classroom, and 40,000 won in cash, the victim’s possession of the classroom, and 40,000 won in the market price.

B. At around 16:40 on January 23, 2015, the Defendant and C took advantage of the gap in which the victim I, an employee of the “H” management office located in G, Hapopo City, was able to set the entrance door and reported to the network by the Defendant. C entered the above management office and 90,000 won of cash, which is the victim’s possession, and kept inside the information room, 1,185,000 won of the market price, 1,185,000 won.

Accordingly, the Defendant, together with C, stolen the property amounting to KRW 1,335,00 in total twice.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution (second time);

1. A written statement of F and I;

1. Application of Acts and subordinate statutes to each on-site photograph (Evidence No. 66, 75 pages);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Determination of types of thief: thief in case of intrusion on general property;

2. Determination of the scope of sentence: Each mitigation area, six months to one year and six months (where a person subject to special mitigation intrudes a place other than an indoor residential space, a person subject to special mitigation who is a person subject to special mitigation: At least two persons who are subject to special mitigation: As such, the lower limit of the scope of sentence should be mitigated by up to 1/2, but the lower limit of the scope of sentence should be modified by the lower limit of the applicable sentences under the law;

3. Criteria for handling multiple crimes: From six months to two years.

4. The defendant who was sentenced to sentence shall be punished by imprisonment with prison labor for special larceny at the Gwangju District Court on July 23, 2014.

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