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(영문) 창원지방법원 통영지원 2018.06.22 2018고단482

특수절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, together with C, D, and E (Disposition of Transfer of Juvenile Protection Case, March 23, 2018), driven Fi30 cars, and the Defendant and D expressed their intent to color the object of crime inside the said car quantity, and E acted to steals money and valuables from the object of crime.

Accordingly, the Defendant, C, and D, together with C, D, and E on February 23, 2018, before “I” operated by C, D, and C, and C, and D, designated the above I as the subject of the crime, and ordered E to steal money and valuables, and E, while entering the above I, wanting to ask the victim for a gold boom.

In other words, the market price of approximately KRW 2,50,000 from the injured party was about 1 gold felbs, citing one gold felbs, and escape.

Accordingly, the defendant stolen the victim's property together with C, D, and E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Protocols concerning the examination of suspects of E by the prosecution and the police;

1. Application of H’s police statements and statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant, who was sentenced to the sentence of two types (general larceny) basic areas (six months to one year and six months) of the Act on the Observation and Observation of the Protection of Juveniles, has many records of being sentenced to juvenile protective disposition by committing the same type of crime, and the defendant ordered E to steals to have stolen money and goods with the same type of crime, and it is not good that such crime is committed. However, the defendant still has no record of criminal punishment other than juvenile protective disposition, and the defendant has no record of criminal punishment other than juvenile protective disposition, and the defendant's age, sex, sex, environment, health condition, means and result of the crime, the circumstances after the crime, etc. shall be determined as ordered by taking into account the sentencing conditions under Article 51 of the Criminal Act, such as the punishment conditions stipulated in Article 51 of the Criminal Act.