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(영문) 의정부지방법원 2020.08.19 2020고단2995
특수절도
Text

Defendants shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 15, 2020, at around 03:18, the Defendants discovered a room from the main point of “D” located within the Government City of Jung-si, and discovered a room from which the victim E set up on the table, and Defendant A set up the above a room to the floor, and then delivered it to Defendant B, Defendant B sent it to Defendant A by the main place of the bank, Defendant B sent it to Defendant A, Defendant B sent it to the inner part of the bank received by Defendant A, and then, Defendant A posted the bank to the inner part of the site by leaving the site at the same time, 460,000 won in cash, which is the victim’s possession, and 15,000 won in market value, and one driver’s license.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to the Defendants’ written statement E to each police interrogation protocol F of the police interrogation protocol to the Defendants (verification of CCTV data when committing a crime)

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act, each of which is suspended of execution (the defendants): The method of committing the crimes by the defendants is weak.

O favorable circumstances: The defendants reflect the criminal facts while recognizing all the criminal facts.

The victim does not want to be punished against the defendants by recovering the damage of the victim.

There is no previous conviction against the Defendants.

O The defendants' health status, family relations, age, character and conduct, environment, relationship to victims, motive means of crime, results of crime, circumstances after the crime, etc., including the above unfavorable circumstances, favorable circumstances, and all the kinds of sentencing conditions shown in the arguments and records shall be determined as ordered by the court.

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