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(영문) 대구지방법원 2019.06.11 2019고단1618
특수절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for four months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are siblings.

1. The Defendants conspired with the Defendants to steals money from the legal party in order to raise living expenses, along with the NAN C, D, and the daily life expenses.

On January 28, 2019, at around 19:28, the Defendants reported to the “ physician” at the entrance of the victim FF in Daegu-gu, Daegu-gu, about 19:28, and reported to the network at the entrance of the said C and D, the Defendants entered the said “private office” where the victim’s surveillance was neglected, thereby taking the key to the fire fighting on the books of the office, and Defendant B reported to the network before the door of the legal branch, and Defendant A opened to the said sublet, thereby taking the cash amounting to 3.80,000 won of the victim’s management.

Accordingly, the Defendants stolen the property of the victim management together with C and D.

2. The Defendant committed the Defendant at around 00:20 on January 29, 2019, on the ground that the victim H (the 14-year-old age) stolen a cash of 2.80,000 won from the wall wall owned by the Defendant, the victim’s face was taken one time at the victim’s seat.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect examination protocol with respect to C and D;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on internal investigation reports (including face-to-face identification of criminal suspects, CCTV due to escape, attachment of photographs, etc.);

1. Relevant provisions of the Criminal Act and the choice of punishment against the crime A: Article 331(2) and (1) of the Criminal Act (the point of special larceny, the choice of imprisonment), and Article 260(1) of the Criminal Act (the point of violence and the choice of imprisonment): Article 331(2) and (1) of the Criminal Act (the point of special larceny and the choice of imprisonment);

1. Mitigation of juvenile offenders B: Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation Defendant B: Articles 53 and 55 of the Criminal Act.

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