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(영문) 대구지방법원 경주지원 2020.04.28 2020고단64
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are people without a certain occupation.

At around 22:00 on August 30, 2019, the Defendants agreed that the victim C(35 years of age) will take her conditions through a mobile phone hosting feling feling (Del E), and subsequently, the Defendants carried out the property equivalent to the sum of KRW 1,40,000,000 in total, including 60,000,000,000,000,000 won, and 40,000,000,000,000 won.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. C’s statement;

1. Application of the Acts and subordinate statutes on CCTV photographs and CCTV video CDs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act for a suspended sentence (the following consideration shall be made again for the reason for sentencing);

1. Determination of punishment as ordered by comprehensively taking into account the following factors: (a) the reason for sentencing of Article 32(1)3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation; (b) the scale of damage; (c) whether damage was recovered; (d) criminal records; and (e) the Defendants’ age, character and conduct, environment, family relationship; (e) details of the crime; and (e) the various sentencing conditions stated in the pleadings of the instant case, including the circumstances after the crime, etc.; and (e) the execution of the sentence shall

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