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(영문) 서울중앙지방법원 2019.02.21 2018고단7433

특수절도

Text

A defendant shall be punished by imprisonment for six months.

except that 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

Defendant, together with B (V, 15 years of age), becomes aware of in the Eastern;

1. 2018. 7. 10. 01:45경 서울 중구 C에 있는 D 편의점에서 종업원의 관리가 소홀한 틈을 이용하여 피해자 E 소유의 육포 3개, 어댑터 8개, 양말 5켤레 등 시가 95,600원 상당을 소지하고 있던 주머니와 가방에 넣어 가지고 나오고,

2. On July 10, 2018, around 03:39, at the places specified in the foregoing paragraph (1) above, B opened a cash storage room in the below the accounting unit to which the Defendant is able to keep his employees’ attention in other places, and put 20,000 won in cash owned by the victim as stated in paragraph (1) above.

As a result, the Defendant, together with B, stolen another’s property worth 295,600 won.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to B

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The suspended sentence shall be determined within the scope of the sentence specified in the sentencing guidelines and the suspended sentence shall be sentenced in consideration of the fact that there is no record of the same kind of crime with the reasons for the sentencing under Article 62(1) of the Criminal Act,