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(영문) 대구지방법원 2019.02.15 2018고단5460

특수절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant and B (transfer of military units on October 22, 2018) around 00:53 on October 21, 2018, around 00:53, and around 20:53, the “D” club located in the second floor, and the “D” club located in the second floor, were opened to the victim E, and the Defendant had a net at the above table, and B had a room for the victim’s seat, and moved to the male toilet at the above table, and then moved to the victim’s room, the Defendant left the shoulder at the expense of KRW 600,000,000,000,000, at the expense of the victim.

Accordingly, the defendant stolen the victim's property together with B.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. E statements;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing conditions indicated in the records, such as the following: (a) the reason for sentencing under Article 62-2 of the Social Service Order Act is very poor; (b) the Defendant proposed to commit the instant crime to B; (c) the Defendant reflects the Defendant; (d) the Defendant agreed with the victim; (c) the Defendant’s primary offender; and (d) the Defendant’s age, character and conduct, environment, motive for and circumstances after committing the instant crime, etc.