Text
Defendant
A Imprisonment with prison labor for eight months and for one year, respectively.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
As the Defendants were in need of living expenses due to gambling debt, etc., the Defendants conspiredd on the gold banks that they finished, stolen precious metals, etc., Defendant A played a role of shouldering the glass entrance and exhibition site using the network, and Defendant B conspired to play a role of putting precious metals in the door.
On September 27, 2019, around 05:26, the Defendants escaped from the “E” operated by the victim D in the Gangnam-gu Seoul Metropolitan City, Dong-gu, Dong-gu. Defendant B reported the network, and Defendant A, using the network prepared in advance, sent a warning to the crime prevention facilities installed at the entrance and exit.
As a result, the Defendants jointly attempted to steal the victim's property and attempted to commit it.
Summary of Evidence
1. Defendants’ respective legal statements
1. Written statements of D;
1. Application of Acts and subordinate statutes, such as site, ctv closure photographs, and CCTV photographs around the place of crime;
1. Articles 342 and 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;
1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Article 62 (1) of the Criminal Act of the suspended execution;
1. Taking into account such factors as the fact that the crime was planned by preparing in advance the means of sentencing under Article 62-2 of the Social Service Order and the method of sentencing, the attempted crime is committed, the victim does not want the punishment of the Defendants, and the Defendant A does not have the same criminal power and fine exceeding the same criminal history and fine