beta
(영문) 광주지방법원 2015.08.21 2015고단2133

특수절도등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for six months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. 피고인들의 공동범행 피고인들은 2015. 5. 1. 13:44경 광주 광산구 D에 있는 E 1층 F 악세사리 판매점에서 그곳 점주인 피해자 G의 관리가 소홀한 틈을 이용하여 피고인 B는 진열대 앞에 서서 오른손으로 시가 51,000원 상당의 리본스핑글집게핀과 아즈나브르 파랑끈을 연속으로 꺼내어 왼손으로 옮겨 쥔 후, 피고인 A는 피고인 B의 왼쪽으로 다가와 피해자의 시야를 가리고, 피고인 B로부터 위 악세사리 2개를 재빨리 건네받아 소지하고 있는 은색의 봉투에 집어넣고 나왔다.

As a result, the defendants stolen the victim's property together.

2. The sole criminal conduct of Defendant A;

A. The Defendant, at around 12:41 on the same day as Paragraph 1, was stolen by inserting the gap in the management of the above victim at the same place as Paragraph 1, which is equivalent to 12,000 won at the market price, by inserting the string of strings and strings with strings in color bags in possession of strings and strings.

B. At around 12:46 the same day as Paragraph (1) of this Article, the Defendant: (a) purchased Mascar equivalent to 12,000 won at the market price managed by the victim I, who is an employee of the above E 1st class H 1st class; (b) and (c) took them as hand and stolen by a method.

Summary of Evidence

1. The defendant A's partial statement

1. A protocol concerning the examination of suspect by a part of the prosecution against the defendant A;

1. A written statement of G and I;

1. On-site evidentiary photographs;

1. Application of Acts and subordinate statutes to a report on investigation (verification of CCTV content at a place of committing an offense);

1. Defendants: Article 331(2) and Article 331(1) of the Criminal Act; Article 329 of the Criminal Act

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Defendant A on probation: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Defendant A.