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(영문) 서울북부지방법원 2019.08.23 2019고단1115
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 23:51 on January 17, 2019, the Defendants sought to use the PC by seated by the victim E immediately preceding the victim E, and discovered one of the cash 52,000 won, the KBC card 1, one copy of the e-mail card, one transportation card 300,000 won, and one driver’s license, which are located above the e-mailed by the victim, and known the Defendant A of this fact. Defendant A discovered that the above e-mail was carried out in cash after discovering the above e-mail, and then stolen the said cash to Defendant B and divided it by one.

Accordingly, Defendant A immediately extracted KRW 52,00 in cash from the above wall A, put them into one’s own Australian machine, and the above wall A concealed after the monitor and then moved to another’s seat, but it was false that Defendant A did not look at whether the victim was seen to be above wall A.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Statement to E by the police;

1. Photographs of damaged articles;

1. Application of the Acts and subordinate statutes governing the criminal place

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Article 62(1) of the Criminal Act suspended execution (see, e.g., the fact that there is no criminal history, the fact that the recognition of the instant crime and the attitude of reflecting it appears, the degree of damage is relatively minor, and the extent of damage is not much minor after the instant crime is committed, and the victim has returned the damaged goods

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