beta
(영문) 대구지방법원 2020.01.14 2019고단5621

특수절도

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

B and Defendant A, at around 16:08 on August 2, 2019, at D located in Daegu-gu, Daegu-gu, Seoul-gu, the Defendants discovered that Defendant B was on the game machine the victim E, informed Defendant A that he was on the game machine, and informed Defendant A that there was a wall, and Defendant A had a wall containing 5,000 won in cash belonging to the victim.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Application of Acts and subordinate statutes to report internal investigation (on-site CCTV investigation);

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

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 53 and 55(1)3 of the Criminal Act)

1. Defendants to be suspended from sentence: Six months of imprisonment; and

1. The reasons for sentencing under Article 59(1) of the Criminal Act (recognition of the circumstances favorable to the Defendants among the reasons for sentencing) include 50,00 won or more of stolen goods, and the defendants do not want the punishment because of contingent and damaged damage, Defendant A did not have any criminal power, Defendant B did not have any history of criminal punishment exceeding the fine, and the defendants reflect their depth and depth. The sentence is determined as ordered by taking into account various sentencing conditions.