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(영문) 서울중앙지방법원 2015.06.12 2015고단1908

특수절도

Text

A defendant shall be punished by imprisonment for six 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

Around 20:30 on October 31, 2013, the Defendant and C used the gaps of employees’ attention at the anti-dibnx 2nd underground floor of the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, 1641-2, and made use of the gap in the management of the Seoul Special Reading Center, which is located in the display stand in the above book, 5,200 won of the market price owned by the victim, and 15,200 won of the above book, 1, 2, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 13, and 13 books.

As a result, the defendant and C stolen the victim's property together.

Summary of Evidence

1. Each legal statement of the defendant and C;

1. Each police suspect interrogation protocol against the accused and C;

1. Statement made to D by the police;

1. A list of respective accident books;

1. Scenesic photographs of stolen species;

1. Application of Acts and subordinate statutes of investigation intelligence reports;

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;

1. The sentence of Article 62(1) of the Criminal Act of the suspended execution [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act is to be taken into account, such as the following: (a) the mitigation area (4-10 months) and the mitigation area (4-10 months) (special mitigation) of general property; (b) the defendant is against the sentence; (c) the defendant has no record of having the same kind of crime; and (d) the victim has not been punished. It