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(영문) 대전지방법원 2020.02.07 2019고단4847

특수절도

Text

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

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

Reasons

Punishment of the crime

On July 20, 2019, the Defendant: (a) around 03:08, at the first basement C club located in Seo-gu, Daejeon, Seo-gu, Daejeon; (b) and (c) the Defendant reported the network; and (d) the Defendant stolen the amount of KRW 1,352,270,00,00, including the amount of KRW 1,352,270, in total, on six occasions, including the amount of KRW 1,352,270, in cash, etc., on the same day, when the victim E (nive, 19 years of age) dances with dancing between the victim E (nive, 19 years of age) who was on the opening table.

Accordingly, the defendant stolen the victims' property together with D.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Each statement of E, I, J, K, and L;

1. Photographss and field photographs of damaged articles, photographs of damaged articles of victim L, investigation reports (for those who have no victim's name), photographs of CCTV images and photographs and investigation reports (report on the confirmation of CCTV images);

1. Application of the provisions of seizure records and seizure list statutes;

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

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has no record of punishment for the same kind of force, and is recognized as a mistake and reflects it. The frequency of the crime in this case appears to have reached six times, but the same day has not yet passed, and the victim E, L, I, and K have returned all the damaged articles except the incidental volume that they stolen from the victim K, and the victims have not want to be punished against the defendant by agreement with the victim E, L, I, and K. In addition, the defendant's age, character, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be determined as ordered by the order.