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(영문) 서울남부지방법원 2021.01.20 2020고단5618
특수절도
Text

Defendants shall be punished by imprisonment for eight months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative of C, and Defendant B is the daily worker.

On September 2020, the Defendants discovered tools stored adjacent to the 4th-class water testing device room of Yongsan-gu Seoul Metropolitan Government building D, and conspired to commit the crime by theft.

Accordingly, at around 09:07 on September 7, 2020, Defendant A prevented CCTV installed in Hall by using stuffs from the elevator at the 4th apartment of Yongsan-gu Seoul Metropolitan Government D, Yongsan-gu, and Defendant B opened a door up to the office managed by the victim F, who is located adjacent to the 4th floor-water testing unit of the above building, and opened the door up to be stored in the warehouse, and opened the wooden storage as the hand, and opened the 25,60 won of the above victim’s market price in the above 25,60 won and the 293,960 won of the above victim’s market price in the above 25,60 won and the 1,37,970 won of the market price, and 1,974,974,910 of the market price, and 1,410 of the stolen property and 460 won of the above victim’s market price in total.

Accordingly, the Defendants jointly stolen the property owned by the said victim.

Summary of Evidence

1. Application of the F’s legal statement F to the Defendants’ internal investigation report (the CCTV verification at the scene of the occurrence)

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

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act

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

1. Defendants of the community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the type No. 4] for the larceny [the person subject to special sentencing] for the general property: In the event of intrusion into places other than indoor residential spaces, the number of punishment shall be restricted [the scope of the recommended punishment and the scope of the recommended punishment], the area of special mitigation [the scope of the recommended punishment], April through one year and six months [the scope of the recommended punishment corrected by the applicable sentencing guidelines], six months through one year and six months (the lowest limit of the sentencing range recommended by the sentencing guidelines].

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