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(영문) 대구지방법원 상주지원 2015.06.09 2015고단183

특수절도등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendants are mutually related to each other, and the victim C’s “D gas station” operated by the victim C is a person who works together as an employee.

1. At around 10:00 on December 18, 2014, Defendant A, at the above gas station office located in Yongcheon-si, Youngcheon-si, the Defendant stolen KRW 634,00 in cash, which was entered in a simplified credit cooperative using a gap in the management of the victim C, by cutting down KRW 634,00.

2. At around 11:00 on December 18, 2014, the Defendants jointly committed the crime, taking advantage of the gaps in the “G gas station” office in the operation of the victim C located in North-gu, North-si, North-si, Mapo-si, and reported to the network of Defendant A, such as examining the surroundings outside the office, and Defendant B took 30,000 won in cash, which was entered a simple safe of the office.

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

Summary of Evidence

1. Defendants’ legal statement

1. Application of the police protocol law to C

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 329 of the Criminal Act (the point of larceny, the choice of imprisonment), Article 331(2) and (1) of the Criminal Act (the point of larceny)

B. Defendant B: Article 331(2) and (1) 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. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommending punishment] [the grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Punishment, etc. of Probation,] There is no basic area (6 to 1 year and 6 months) of theft in general property [the decision of sentence] [the defendant] [the decision of sentence] has no criminal record of the same kind for the Defendant; the degree of damage in this case; the degree of damage in this case; the degree of damage in this case; the defendant's age