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(영문) 서울중앙지방법원 2015.01.23 2014고단2538
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to the defendant B, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:50 on March 21, 2014, the Defendants discovered one hand room at the market price equivalent to KRW 1.50,000,00 on the victim F owned by the Defendant, which was set up on the street in front of “E” stores located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, and found one hand room at the market price equivalent to KRW 1.50,00,000, and drink the above hand room and so on.

Accordingly, Defendant A reported the network around the fingersle, and Defendant B led the fingers.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendant B’s partial statement

1. Each police interrogation protocol against the Defendants (limited to the Defendant A)

1. The police statement of F made a statement to the effect that Defendant B had a criminal intent to commit a theft at least at the time of the instant crime, taking full account of the evidence as indicated in the following circumstances, which were duly adopted and examined by this court. The Defendant B voluntarily made a statement to the effect that, “At the time of the instant crime, Defendant A, “I would know whether I would have been well aware of what I would have come to know, and what I would be how I have come to solve,” and Defendant A would have led to the instant finger. Defendant A did not state that “I would have obtained permission from the victim.” ② When the Defendants led the instant finger, Defendant B made a proposal to the effect that “I would drink the instant finger to drink the instant finger.”

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

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Defendant B of suspended execution: The conditions favorable to the reasons for sentencing under Article 62(1) of the Criminal Act have been repeated.

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