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(영문) 서울남부지방법원 2019.08.14 2019고단2779
특수절도
Text

Defendants shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 15, 2019, at around 02:20, the Defendants were waiting in the vicinity of the above siren office, and Defendant B reported the network, Defendant A opened a window of an office that has not been corrected and intruded into the office and damaged the safe managed by the victim by using the dracker that was prepared in advance, and carried out 1.1 million won in cash, 1.1 million won in cash, 1.1 million won in cash, 5 credit cards, and 5 physical cards.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Investigation report (to hear statements of witnesses);

1. Application of CCTV-cape photograph Acts and subordinate statutes;

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

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: (a) the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc.; (b) the background and content of the crime of this case; (c) the risk of the crime of this case; (d) the degree of participation by each Defendant; (e) the degree of damage was not recovered; and (d) the victim did not agree with the victim. However, both Defendants led to confession and reflect on the crime; (d) Defendant A was punished twice as to the charge of the crime of this crime; (e) there was no history of criminal punishment only; (e) Defendant B was sentenced to criminal punishment on several occasions, but there was no history of the same crime; (e) other Defendants’ age, career, health status, and family relation, etc

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