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(영문) 서울남부지방법원 2018.09.19 2016고단1025 (1)
특수절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and C discover that at around 09:00 on October 18, 2015, the victim F was set up on the tables and expected lockedly in the E-Si room located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and that the victim F was diving, and the Defendant reported the victim’s neck in its surroundings, and C collected KRW 90,000,00, in cash, which is the victim’s possession, in the victim’s wall.

They have been in possession.

Accordingly, the defendant stolen the victim's property together with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A written statement of the F;

1. The screen by cutting the CCTV at the scene of a crime;

1. Application of Acts and subordinate statutes on field photographing photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing criteria, the basic area (six months to one year and six months) of the types of larceny for general property (general larceny) (no person who is subject to special sentencing];

2. Circumstances unfavorable to the determination of sentence: The crime of this case is committed jointly with an accomplice and thus, in light of the method of crime, the defendant taken a theft of cash in the room.

It was not recovered from damage and was not agreed with the victim.

The defendant did not appear even after being served a summons on several occasions, and the attitude of the defendant was not good.

The defendant's mistake is recognized as favorable circumstances.

The amount of damage is not significant.

There is no record of criminal punishment exceeding the fine against the defendant.

In full view of the aforementioned circumstances, the background leading up to the Defendant to commit the instant crime, the degree of participation by the Defendant, the statutory penalty for the crime of special larceny (a period of not less than one year and not more than ten years), and other circumstances that form the conditions for sentencing as shown in the records and arguments in the instant case, including the Defendant’s age, sex, environment, etc., the punishment as ordered shall be determined.

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