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(영문) 광주지방법원 2021.01.14 2020고단999 (2)

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, B, C, and D had the intent to steal and sell a mobile phone at the mobile phone agency in order to prepare for living expenses while residing in the apartment conference located in the Donnam Island E, and reported the network outside B, B, and D, and the Defendant and C had the mobile phone agency enter the mobile phone agency, induced the agency to a different place from the agency staff's interest, and have the mobile phone in this place.

Around March 1, 2020, the Defendant, B, C, and D came to a H mobile phone agent operated by the victim G in the victim G in the 2nd floor in Gwangju-gu, Gwangju-gu, about 16:20, and the Defendant and C reported the network outside the country, and the Defendant and C stated a cell phone as if they were to purchase the cell phone by entering the above agency, leaving the cell phone in the display stand, making the cell phone show the cell phone as if they were to purchase the cell phone, and taking two mobile phones in S7 mobile phones at the gallon juth of juth of juth of juth of juth of juth of juth of juth of juth of juth of juth of juth of juth of 1st of 1st of 1st of 2020.

As a result, the Defendant, together with B, C, and D, stolen one of S7 mobile phones when galloning the market value of 210,000 won owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against B, C, or D;

1. Statement of the police statement related to G;

1. Protocols of seizure (voluntary submission), lists of seizure and photographs of seized articles;

1. Application of the CCTV video data CD-related Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service work;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the scope of the punishment revised according to the sentencing guidelines] of the larceny [the type No. 2] general larceny [the scope of the recommended punishment]. The basic area of the larceny [the scope of the recommended punishment], six months to one year and six months [the scope of the recommended punishment revised according to the sentencing guidelines].