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(영문) 전주지방법원 2017.06.15 2017고단153

특수절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, with B, C, and D, received a cash card of friendly job offering E and received a re-issuance, and committed the above D as if the above E were the above E in order to put the custody money into the above E in the detention room of the remaining police station. However, the Defendant attempted to receive the resident registration certificate for which the above E applied for re-issuance, but attempted to theft with the above resident registration certificate.

Accordingly, the Defendant, B, C, and D, around June 2, 2016, went to the G community service center located in F in the south city on a passenger car, and the Defendant and B were waiting within the said passenger car, and C and D entered the said community service center to the effect that “the victim H who is a public official in charge of D would have to verify the identification card at the end of the day,” and the victim H, who is the public official in charge of D, want to obtain the above E’s resident registration certificate from the injured party and escaped together.

Accordingly, the defendant stolen another's property together with B, C, and D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against D, C, or B;

1. Application of statutes on police statements made to H to H;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no basic area (6 months to one year and six months) [the person subject to special sentencing] [the decision of sentence] 8 months, and the defendant for two years in the suspended sentence did not have any record of criminal punishment prior to the crime of this case, but there are records of criminal protective disposition received through several times of the same kind of flight and multiple flights. The crime of this case is a condition for sentencing unfavorable to the public office, such as deceiving a public official by deceiving him, theft of another person's resident registration certificate, preparation for a thorough escape plan, etc.

However, according to the results of the judgment before the judgment, the defendant has a child by marriage.