(영문) 수원지방법원 안산지원 2019.05.30 2019고단274

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(영문) 수원지방법원 안산지원 2019.05.30 2019고단274

특수절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2018, the Defendant was sentenced to eight months of imprisonment by the Seoul Southern District Court for a violation of the Electronic Financial Transactions Act, and the judgment became final and conclusive on April 15, 2019.

On September 6, 2018, the Defendant: (a) conspiredd to steal a mobile phone at a mobile phone agency in which the business was completed to take a k5 car, francing the object of the crime; and (b) francing the object of the crime, around 04:50 on September 6, 2018, at the “F” mobile phone store operated by the victim E on the 1st floor of the D Building in Sinung-si, Sinung-si, and damaged the correction device by setting up the sidewalk in the store entrance, and then, (b) enter the store into the store, and (c) as well as (d) destroying the correction device, the total market value of the victim’s ownership in the site is equivalent to KRW 2,931,50, 931, 100, 931, 81, 81, galallon

Accordingly, the defendant stolen the victim's property together with B.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Photographs, data and investigation report (specific relation to thief goods);

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment to written judgments, etc.), details of related cases, and application of statutes governing judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution ( Taking into account the grounds for discretionary mitigation and the age, health, and the fact that it is necessary to take into account the equity between the judgment and the case of a violation of the Electronic Financial Transactions Act in its holding

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