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(영문) 서울남부지방법원 2016.07.27 2015고단4600
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant, together with B, collects historical water, such as abolition, in the vicinity of Yangcheon-gu Seoul Metropolitan Government Ohy, and is a person who has been living in a old life.

On March 18, 2015, around 11:50 on March 18, 2015, the Defendant, along with B, moved with the victim E with a stud metal and automatic mortar at approximately KRW 800,000,000 in the market price set up before the victim E, while he was travelling in the front door of the first floor D of the Yangcheon-gu Seoul Metropolitan building C.

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

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. A victim's statement prepared in E;

1. Application of Acts and subordinate statutes to CCTV images and photographs by capturing suspects;

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

1. Reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount of punishment include: (a) the Defendant committed the instant crime even though he/she had a record of punishment for the same kind of crime; and (b) the failure to recover damage; and (c) the value of the stolen goods is not significant; and (d) other favorable circumstances are considered as favorable.

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