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(영문) 광주지방법원 2017.02.15 2016고단5455

특수절도

Text

The punishment of the accused shall be determined by six months of imprisonment.

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

Reasons

Punishment of the crime

On July 24, 2016, around 01:44, the Defendant and B and C conspiredd to steals cash, etc. located in the F convenience store operated by the victim E, and the Defendant brought up cash and goods worth KRW 1,438,000,000, including cash 1,038,000, a victim who was in the first calculation unit of the convenience store, and KRW 20,000,000, in cash and goods of KRW 1,438,000,00, which were in the second calculation unit of the convenience store.

As a result, the defendant stolen cash and goods owned by the victim together with B C.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers under B (including parts in the E statement) and C;

1. A protocol of seizure and a list of seizure;

1. Application of statutes on site and CCTV photographs;

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

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

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

1. The scope of the recommended punishment on the sentencing criteria [the type of punishment] [the scope of the recommended punishment] in the basic area of the first type (general larceny) [the determination of the sphere of recommendation] of the basic area of the theft of general property [the scope of the recommended punishment] from six months to one year and six months;

2. Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence), most of the damage was not recovered, the course and degree of participation of the defendant (in spite of the refusal of the defendant, CCTV was deemed to have been set up by the continuous recommendation of female-friendly groups), the defendant's age (the 19 years old at the time of the crime and trial), criminal punishment for the same crime, there was no record of being sentenced to juvenile protective disposition; the crime of this case was changed and transferred to the juvenile reformatory; the crime of this case was changed; the crime of this case was released provisionally from the juvenile reformatory; the exemplary life of the defendant was released from the juvenile reformatory; and all the sentencing conditions of the crime of this case, including the character and conduct of the defendant, the environment, the background of the crime and the circumstances after the crime, etc.