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(영문) 광주지방법원 2016.09.22 2016고단2145
특수절도등
Text

Defendants shall be punished by imprisonment for not more than six months.

However, it is against the Defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

1. On February 7, 2016, at around 02:00 on February 7, 2016, the Defendants jointly intruded the structure of the victim by entering the victim’s building via the soup labing room, which is managed by the victim D, the victim D, the victim D, who was in the Naba-si City, with the intention to steals another person’s mobile phone.

2. Special larceny Defendants shared:

A. Around 03:40 on the same day as the set forth in paragraph 1, Defendant A was stolen from one cell phone of the amount equivalent to KRW 1 million at the market price of the victim F, which was the victim F, that the victim F was set up adjacent to him/her, at the center of soup, at around 03:40 on the same day;

B. On the same day at around 03:50 on the same day, Defendant A, who was able to view Defendant B’s net at the same place, committed a theft by bringing one of Samsung Ggal lusular phone in an amount equivalent to KRW 500,000 in the market value of the victim G, which was owned by the victim G, left side by the victim G, for himself/herself. Accordingly, the suspects jointly stolen the victims’ property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and G;

1. Police seizure records and list of seizure;

1. A copy of a business report;

1. Application of Acts and subordinate statutes to CCTV closure and damaged photographs;

1. Relevant Article 331(2) and 331(1) of the Criminal Act (special larceny) against criminal facts, and Article 319(1) of the Criminal Act (the point of intrusion on buildings and the choice of imprisonment with prison labor)

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate small amount (the Defendants)

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are the primary offenders, and they are seriously against themselves, and the special larceny victims and victims have agreed to do so. In full view of all other circumstances, including the Defendants’ age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence is ordered.

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