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(영문) 광주지방법원 2018.02.22 2017고단2448 (1)

절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2017 Highest 2617: Special thiefth thief] Defendant and C conspiredd to steals cash, etc. at the F convenience store operated by the victim E in Gwangju Northern-gu where C was working as a part-time student.

On May 28, 2017, at the above convenience store around 17:08, the Defendant used the gap of the victim's jobs, and the Defendant took advantage of the gap outside of the convenience store, and C took a theft with two pages of cash 70,000 won owned by the victim and 305,000 won in the market value, and 30,000 won in the cultural gift certificates of 30,000 won in the market value, and 40,000 won in the market value charged.

Accordingly, the defendant and C stolen cash, cultural merchandise coupons, etc. equivalent to the total market value of 1,711,000 won owned by the victim together.

Summary of Evidence

1. Each legal statement between the defendant and C;

1. E statements;

1. On-site reports (CCTV analysis, a certified copy of the suspected person’s resident registration, and a non-paid card charging receipt in capital), photographs attached thereto, and electric shock receipts;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment ofCCTV video recording data);

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

1. Reasons for sentencing under Articles 53 and 55(1)3 (the conditions favorable to the below) of the Criminal Act for mitigation of amount of punishment [the scope of recommendation] There is no person [the person who is subject to special sentencing] in the basic area (six months to one year and six months] (the decision of sentencing] [the decision of sentencing] (the decision of sentencing] as set forth below, the following circumstances and the defendant's age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the circumstances constituting the conditions for sentencing as set forth in the argument of this case shall be set as the order.

The favorable circumstances are confessioned and reflectd.

The scale of damage is relatively small.

The degree of participation in crime is relatively minor.

An unfavorable circumstance: A decision of one year of suspended execution (finality of April 29, 2017) shall be rendered for a violation of the Military Service Act.