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(영문) 광주지방법원 2013.04.09 2013고단247
특수절도등
Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

Defendants are employees of Seo-gu, Seo-gu, Gwangju.

The Defendants found the victim D who was drunk in the above entertainment tavern 3 room of the said entertainment drinking house, and were able to take part in the way of withdrawing cash from the nearby convenience store with the victim’s No. 3 card that became aware of the password upon the victim’s request.

1. From November 13, 2012, Defendant A, at around 06:20 on November 13, 2012, 206: (a) around 3, 200, she taken the wall from the said victim D’s braille; and (b) Defendant B, at the said wall’s office, took up 200,000 won in cash.

Accordingly, the Defendants jointly stolen 200,000 won in cash owned by the victim.

2. The thief Defendant B, at the above entertainment drinking house 3 room of the said entertainment drinking house, took the No. D’s cream card back to Defendant A, and Defendant A, around November 13, 2012, withdrawn 600,000 won in cash by putting the said cream card in a cash withdrawal machine managed by the victim’s name cards installed at the said e-mail store in Gwangju, Seo-gu, Seo-gu, Incheon, where around 06:25, 2012.

Accordingly, the Defendants conspired to commit a theft of 600,000 won in cash owned by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of cash;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act (the point of special larceny) and Articles 329 and 30 of the Criminal Act;

1. Defendants who were selected to be sentenced to punishment: Imprisonment with prison labor for larceny

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

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);

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

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