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(영문) 의정부지방법원 고양지원 2021.02.03 2020고단2408
특수절도
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

On December 14, 2019, the Defendants made a proposal to steal a person’s punishment against Defendant A on the ground that: (a) there was no difference in the victim’s “E” type of “E” type of the victim’s D operation in Gyeyang-gu, Gyeyang-gu; and (b) there was no room in the vicinity; and (c) Defendant B used a large amount of money prior to the use of money, but did not extract a person’s form; and (d) Defendant A consented thereto.

Defendant B continued to put her hand into the bottom of the machine and made it easy for Defendant A to put his hand, and Defendant A, through the departure outlet, took the form of a person who is suffering from the entrance of the machine by force from the machine, and put the door of a free box using the keys to the human body.

In addition, the Defendants: (a) stolen four 300,000 won in total at the market price of the victim, which was in the place free box; (b) and (c) stolen the victim’s property by combining five times from around this time to December 26, 2019, as indicated in the list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement concerning the suspect interrogation protocol of each police officer against the Defendants

1. Statement prepared by the victim;

1. Application of CCTV image Acts and subordinate statutes;

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

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which reduces the amount of concurrent crimes by Article 53 and Article 55 (1) 3 of the same Act;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the punishment against the Defendants shall be set as six months of imprisonment, and the period of each sentence shall be postponed by taking into account the following sentencing cases) of the Criminal Code (the punishment shall be set as follows) is not easy in that the Defendants committed a crime in five times or more, but the criminal liability is not easy in that the Defendants committed a crime. However, the Defendants seem to be aware of the first offense.

The scope of crimes is not so significant, and the defendants compensate for the amount exceeding the amount of theft.

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