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(영문) 인천지방법원 2020.10.08 2020고단2539
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the two years from the date of the final judgment against the Defendants.

Reasons

Punishment of the crime

On December 2, 2019, at around 22:42, in Michuhol-gu Incheon Metropolitan City C, the Defendants: (a) laid off the victim E in the side of the game machine; and (b) cut off the locking place, and (c) cut off with one lubbrogate in the victim’s possession; (b) one 130,000 won in cash; and (c) one strub in the market value that includes credit cards, etc. in that place.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. E statements;

1. Provisions of Acts and subordinate statutes concerning records of seizure of a list of 112 reported CCTV records, list of seizure, and photographs of seized articles shall apply to such records;

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: The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendants committed a crime against the victim’s bags jointly in the instant case.

Defendants were unable to be imprisoned from the victim.

However, the following facts are considered to have been returned to the victim; Defendant A is the primary offender; Defendant B has no record of punishment exceeding the fine; and Defendant B has other conditions of sentencing, including the Defendants’ age, character and conduct, background of the crime, and circumstances after the crime.

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