Text
Defendant
A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for ten months.
Reasons
Punishment of the crime
[Criminal Justice] On April 18, 2017, Defendant A was sentenced to 10 months of imprisonment with prison labor for larceny, etc. at the Seoul Southern District Court on December 2, 2017, and completed the execution of the said sentence at the Seoul Southern Prison; Defendant B was sentenced to one year of imprisonment with prison labor for attempted larceny, etc. at the Seoul Northern District Court on June 14, 2017, and completed the execution of the said sentence at the Seoul Northern District Court on April 19, 2018.
【Criminal Facts】
The Defendants, together with Defendant A, enter an abandoned house, carried with the goods, and Defendant B, who stolen the goods from the outside of the network, concluded that Defendant B would have loaded a vehicle driven by Defendant B, and have the stolen goods divided. According to the above conspiracy, around April 25, 2019, when Kim Sea C around 14:32, Defendant B came to open the above house door, and Defendant B was string off the network, and Defendant A intruded into the house with the door door door attached to the 3rd floor of the victim D’s residence by using the door door door attached to the front door, which was hidden by the front door door door, and continued to take place with 8,90,000,000, check, 3,000,6,000,6,0000, 6,000,000 gold bars, and precious metals.
As a result, the Defendants conspired to intrude into the victim’s residence, and stolen the victim’s property worth KRW 17,900,000 in total together.
Summary of Evidence
1. Defendants’ respective legal statements
1. Summary statement of E;
1. Previous records of judgment: Criminal history records, investigation reports (verification of the facts of crime during the period of repeated crimes A of the same kind as a suspect), and application of Acts and subordinate statutes to investigation reports (verification of the facts of crime during the period of repeated crimes B of the same kind as
1. Relevant legal provisions concerning criminal facts and the Defendants who choose punishment: Articles 331(2) and (1) of the Criminal Act (the point of special larceny), 319(1) and 30 of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment);
1. Defendants of repeated crimes: Article 35 of the Criminal Act
1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act
1. Defendant B’s discretionary mitigation: Articles 53 and 55(1) of the Criminal Act.