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(영문) 인천지방법원 2015.10.21 2015고단4245
특수절도
Text

Defendants shall be punished by imprisonment for ten months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

D When Defendant B was unable to repay money borrowed from Defendant B, the victim E was to operate the game room jointly with the victim E, and the victim was to purchase the game machine amounting to KRW 10 million at the market price and to have it available in the game room, and the Defendants conspired in order with the Defendants to cut off the game machine purchased from the victim and sell it.

On January 31, 2014, at around 21:00, the Defendants ordered the Defendants to open a door to bring the users of the game machine in Incheon to purchase the game machine in order not to be doubtful. The Defendants opened a door to the key of the said game room and opened the door to the victim’s holding, and brought about 40 games equivalent to KRW 10 million in the market price, which is the victim’s ownership.

Accordingly, the defendants stolen the victim's property together with the above D.

Summary of Evidence

1. Defendants’ legal statement

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police suspect interrogation protocol regarding D;

1. Application of Acts and subordinate statutes on police statement to E;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Grounds for sentencing under Article 62 (1) of the Criminal Act

1. Reduction element of Type II (Special Larceny): Reduction element of punishment not to be imposed on general property: From June to June of the year and June of the sentencing criteria (a recommendation range).

2. Determination of sentence: The crime of this case for 2 years of suspended execution for each of October is inferior in light of the applicable law. However, the defendants reflect the crime of this case, the victim did not want the punishment of the defendants, and the age, character and conduct, environment, motive and circumstance of the crime, and after the crime is committed.

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