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(영문) 인천지방법원 2015.09.09 2015고단4070

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

Around 17:50 on June 9, 2015, the Defendant and B found and attempted to steal the first floor of the building C, the first floor of the Nam-gu Incheon Metropolitan City, the victim E, a man-owned by the victim E, who opened on the table table in front of the carper, and the Defendant reported the surrounding network to the Defendant, and she saw that the Defendant 5,000 won of cash owned by the victim and the market price of 50,000 won of the market price with credit cards, etc.

As a result, the defendant and B stolen the victim's property together.

Summary of Evidence

1. Defendant's legal statement;

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

1. E statements;

1. Application of the Acts and subordinate statutes on the CCTV screen at the scene of occurrence;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence for the sentencing criteria [the scope of the recommended sentence] [the scope of the punishment], the area of mitigation (one to six months), of category 1 (the theft of items, etc. in custody) for general property, is not subject to the punishment;

2. The sentence shall be determined as ordered in consideration of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc.