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(영문) 서울동부지방법원 2013.08.23 2013고단880
특수절도
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Criminal facts

1. At around 07:30 on March 21, 2013, the Defendants reported the network of Defendant B, and Defendant A had 1080,000,000,000 won in a white gallon, which was owned by the victim G who was diving in the surface of the water.

As a result, the defendants stolen the victims' property together.

2. On March 22, 2013, the Defendants: (a) around 05:07, at the “I soup bank” located in Daejeon Dong-gu Daejeon, Daejeon; and (b) Defendant A had a single gallon 21 gallon gallon, the market value of the victim’s possession, which the victim J who was divingd in the surface of the water room, set up on the side by the victim J., who was the victim, set up in the surface of the water room, and sent them to Defendant B, thereby hiding it into the panty of the above B.

As a result, the defendants stolen the victims' property together.

Summary of Evidence

1. Defendant A’s legal statement and part of Defendant B’s legal statement

1. Photographs of crimes, and photographs of damaged articles;

1. Application of the G’s written Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The grounds for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence (the period of suspension of sentence: imprisonment with prison labor for 6 months) include: (a) the confession of a crime or the fact-finding as stated in the indictment; (b) the injury items were returned to the victims; and (c) all victims did not want to be punished against the Defendants; (d) the Defendant A disposition of suspension of indictment was issued for the same offense; and (e) the Defendant B was subject to the disposition of suspension of indictment for the same offense; and (e) the degree of his participation is greater in the instant case.

In addition, the circumstances include the fact that there is no other criminal power, that the parents of the Defendants are leading to the Defendants, and that they appeal against the Defendants, and that there are not less than 19 years of age.

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