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(영문) 의정부지방법원 2017.07.12 2017고단2317

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the defendants is against the defendants for one year from the date of the judgment.

Reasons

Punishment of the crime

Defendant

A, Defendant B, and D (Suspension of Prosecution) are the remaining relationship.

1. On April 7, 2017, the victim E entered G stores located in the Government-Si Si around 21:35 on April 7, 2017 with D, and Defendant B left his body so that Defendant A and D do not appear. Defendant B entered the store in the store display stand, and the victim E, which is in the store display stand, included two tax team Hegel 17,000 won in the aggregate of the market price of the victim E-owned in the store.

Accordingly, the defendants stolen the victim's property together with the above D.

2. On April 7, 2017, Defendant A and D entered the J Burial located in the Government-Si around 21:45 on April 7, 2017, along with D, with Defendant B, and Defendant A and D entered the plant and small number of b31,60 won in total at the market value of the victim H located in the store, which is the display stand in the store, and the small number of booms in the mountain, in which the sum of the market value of the victim H in the store was owned by the store, and one handbags, one handbag, one handbag, and one vertical frame. Defendant B stored the above goods in the bank.

Accordingly, the defendants stolen the victim's property together with the above D.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement concerning a protocol concerning suspect examination of the police against D;

1. Written statements K and E;

1. Detailed statement of each damaged article, each CCTV analysis data, and the application of video-related Acts and subordinate statutes;

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Defendants to be mitigated of small amount: Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);

1. Defendants subject to suspended execution: The grounds for sentencing [the scope of statutory applicable sentences] under Article 62(1) of the Criminal Act (recognating the favorable circumstances among the grounds for sentencing] [the scope of punishment] from June to July 6] of the Criminal Act, and the two types of larceny for general property among each larceny group (general larceny) (a person who is subject to special sentencing).