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(영문) 광주지방법원 목포지원 2017.05.11 2017고단257

특수절도

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On November 24, 2014, the Defendant was sentenced to six months of imprisonment for fraud in the Gwangju District Court's District Court's wooden branch, and completed the execution of the above punishment on December 18, 201.

[2] On February 19, 2017, the Defendant and C conspiredd to steals money in the above gas station by taking advantage of the fact that the Defendant had been well aware of the structure of the gas station that he had previously been on duty at the time of Mapopopopos City around 23:00.

The defendant and C reached the "F gas station" in E at the same time on the same day at around 23:50 days, and C viewed the network from the corresponding part of the gas station to inform the defendant that he did not have an employee in the gas station office using the Kakakao Stockholm Stockholm, and the defendant entered the above gas station into the office through the window that was not corrected behind the above gas station office, and occupied the victim G cash amounting to KRW 506,00,000, Hyundai Oil Bank's KRW 50,000,000,000,000,000 won, respectively.

Accordingly, the Defendant, together with C, stolen the property equivalent to the total amount of KRW 856,00,000, owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Police seizure records;

1. Records of judgment: Inquiry into criminal records, and application of Acts and subordinate statutes on personal confinement;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : (a) the mitigated area of category 4 (Special Reduction or Exemption (Special Reduction or Reduction) (Special Reduction or Exemption) (Type 4); (b) the case where the defendant was under a protective disposition and criminal punishment for the same kind of crime; and (c) the case where the defendant committed the crime of this case during the period of repeated crime including the fact that the defendant committed the crime of this case during the period of repeated crime, as stated in the criminal records in the judgment; and (d) the fact that the defendant agreed with the victim.