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(영문) 광주지방법원 2019.03.08 2019고단205

특수절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 3, 2018, the Defendant, along with B around 12:06 on December 3, 2018, carried approximately 30 km of packaging vinyl equivalent to 15,000 won at the market price where the Defendant loaded the cargo of the victim D, which was in front of the house of the victim D.

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

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

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. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the amount of damage is a small amount, the fact that the commission of the crime is recognized and reflected, and other consideration of the age, health, etc.