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(영문) 수원지방법원 2017.08.09 2017고단3530
절도등
Text

Defendant

A shall be punished by imprisonment for six months and by imprisonment for three months, respectively.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A and Defendant B are women relations.

1. Defendants B committed the following crimes under the status that they lack the ability to discern things or make decisions due to a patient suffering from a mental division.

On March 9, 2017, the Defendants, together, stolen the gap in which the victim’s surveillance was neglected at the G clothing store operated by the victim F of the victim F in the second floor E located in Young-si, Young-si on March 12:30, 2017, with 1,890,000 won at other market prices, one Moccot, the market price of which is equivalent to 560,000 won, and 1,569,000 won at the market price.

2. On October 2016, Defendant A: (a) committed larceny, Defendant A: (b) committed the larceny of the victim, with one camera colorer equivalent to KRW 9,000 in a different market price, at G clothes store E in which the victim’s surveillance was neglected; and (c) committed the theft of the victim by having one camera colorer equivalent to KRW 9,00.

Summary of Evidence

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Each statement prepared by the F;

1. A photograph of each CCTV image to be cut;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment against the crime: Article 331(2) and (1) of the Criminal Act (special larceny) and Article 329 of the Criminal Act (abstinance of intention and choice of imprisonment): Article 331(2) and (1) of the Criminal Act;

1. Reduction of mental and physical weakness (Defendant B) Articles 10 (2) and 55 (1) 3 of the Criminal Act;

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

1. Reduction of a small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence;

1. Application of the sentencing criteria;

A. Defendant A [the scope of the recommended punishment] The mitigated area (4 months to October) of the mitigated area (the imprisonment with prison labor) for general property (the special sentencing factor) [the mitigated amount] of Defendant A: Two multiple criminal offenders who are not subject to punishment [the multiple criminal processing standards]; imprisonment with prison labor for 6 months to 1 March; and imprisonment for 1/2 of the upper limit of the above crime (the lower limit is the lower limit of the applicable sentences under the law).

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