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(영문) 대구지방법원 2016.08.18 2016고단2497

특수절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant conspiredd to steals money and valuables by intrusion upon commercial buildings in order to raise living expenses after going to a pro-friendly relationship with C (the transfer of juvenile protection cases on the same day).

1. On March 1, 2016, at around 03:00, the Defendant, along with C, committed the crime against the victim D, committed the “G” restaurant operated by the victim D, which was located in the Gyeongdong-gun, G, and Defendant A reported the network, Defendant C opened and intruded the above restaurant window that was not corrected, and Defendant C stolen the cash of KRW 100,000,000 owned by the victim who was located in the seat of the seat gate. Accordingly, the Defendant, jointly with C, stolen the property owned by the victim.

2. The Defendant, along with C, committed the crime against the Victim F, committed the crime at around 03:10 on the same day, at the “H” restaurant operated by the Victim F, the Defendant reported the network, and Defendant C opened and intruded the above restaurant, which was not corrected, and then, Defendant C stolen KRW 40,000 in cash owned by the Victim’s Treasury at the seat of the Kabter. Accordingly, the Defendant, jointly with C, stolen the property owned by the Victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the respective laws and regulations of C and D

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

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The sentencing guidelines set forth in the first-class crime [the scope of the punishment] for general property [the scope of the punishment] and the second-class crime (the 4th month to one year) for the mitigated area (the 4th month to six months) for general property] [the scope of the recommended punishment] for general property in the special mitigation area (the 4th month to one year and six months) for the larceny area (the 4th day to one year), and the final judgment is based on the aggravation of the punishment non-exclusive crimes.