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(영문) 인천지방법원 2014.03.11 2013고단2071
특정범죄가중처벌등에관한법률위반(절도)
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Defendants shall be punished by imprisonment for one year and two months.

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

Reasons

Punishment of the crime

On November 2012, the Defendants conspiredd to commit an act of “one-day” against those who withdrawn and distributed cash at a bank in early scambling, along with their name winners. Defendant A shared the roles of “one-day”, “one-day”, “one-day”, “one-day”, and “one-day” in which one-way persons are engaged in the operation of one-way driving.

Accordingly, at around 15:45 on November 20, 2012, Defendant A selected the victim D who withdraws cash from the Korean bank south of the Guro-gu Seoul Metropolitan Government 103-12 at the Korean bank, Guro-gu, Guro-gu, Seoul, as the target of the crime, and notified Defendant B and the person in whose name the victim was not the victim of the crime, who is waiting to be the victim of the crime.

Since then, the victim gets out of the bank to drive the Oral Ba, and Defendant B followed the victim in the back of the Oral Bab, and stolen the bank 9,500,000 won in cash, which is the victim's possession, by setting aside the bank from the Guro-gu Seoul Metropolitan Government, by cutting off the bank that was used by the victim in the back of the Oral Ba.

In addition, the Defendants habitually committed a theft of the total amount of KRW 20,030,000 by the same method five times from around that time to February 21, 2013, such as the list of crimes in the attached Table.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D or F;

1. Each statement of G, H and I;

1. Each report on investigation;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the following: The method of each crime, frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (2) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. Statutory mitigations under Articles 11 and 55 (1) 3 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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