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(영문) 인천지방법원 2013.06.28 2013고단2841

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

The defendant and C wanted to use the sibb, etc., and stolen the wallets of the victim D.

On January 5, 2013, at the Fju point located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, about 00:37, the Defendant drinked with the victim D, etc. to drink the alcohol, and 50,000 won in cash from the other victim's bank, and C took away the above wall from the Defendant to put 50,000 won in cash.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the confession of a crime by the defendant, the reflectivity, and the fact that the amount of damage is not significant);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Probation under Article 62-2 of the Criminal Act;