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(영문) 서울중앙지방법원 2016.04.20 2016고단1145
특수절도
Text

Defendants shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant

A on August 28, 2015, after being sentenced to imprisonment with prison labor for special larceny in the Seoul Southern District Court, for six months, for the same year.

9.5 The judgment became final and conclusive.

On May 16, 2014, at around 20:30 on around 20:5.20, the Defendants: (a) had two cosmetics equivalent to 79,000 won at the market price managed by the injured party, who was pretended to be a customer and displayed at that place; and (b) had one of the cosmetics in the knife knife knife in the so-called knife knife in which Defendant B was in possession.

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

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police against D;

1. A report on the results of field identification;

1. Notice of the results of search in data beta on DNA identification data;

1. Application of Acts and subordinate statutes reporting the binding of unregistered systems;

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

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act;

1. The Defendants under suspended execution: (a) although the Defendants are committed with the reasons for sentencing under Article 62(1) of the Criminal Act, the Defendants’ confession and reflects the crimes; (b) Defendant A has no record of criminal punishment before committing the crimes; (c) Defendant A has no record of criminal punishment; (d) Defendant A has no amount of damage; (e) the amount of damage should take into account the equity with the case of concurrent judgment with the special larceny as indicated in the judgment that became final and conclusive; and (e) other Defendants’ age, sex, environment, etc., within the scope of sentencing guidelines (the recommended sentence scope between June and June, and general larceny) by taking into account the Defendants’ age, sex, etc.

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