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(영문) 광주지방법원 장흥지원 2015.01.22 2014고단89
특수절도
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

On July 11, 2013, the Defendant, along with C, D, and E, shared the role of “G convenience stores” worked by F in Gangnam-gu, Gangnam-gu, Seoul, with F’s Hpppppack vehicle and stolen rice stored in the community hall, and the Defendant and E shared the role of “C” and “C” and “D” enter the community hall to steals rice.

Defendant, C, D, and E around July 11, 2013, at the Hanjin-gun I Village Center of Gangnam-gu, Seoul, the Defendant and E reported the network within the above girs car parked next to the community hall, and C and D have opened and intruded the entrance door of the above community hall, and used 20km rice girs, which were managed by the victim J, the village head of the village where the kitchen was located in the kitchen, and used 20km rice girs in the middle line of the above girs car and stolen rice by means of loading it in the middle line of the above girs car, etc. five times in total, as indicated in the list of crimes.

Accordingly, the defendant stolen the victims' property together with C, D, and E.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness C and D;

1. Protocol concerning the examination of suspect concerning F by the prosecution;

1. Each police statement on K, L, M, J, and N;

1. Report of internal investigation (verification of the retail price of rice and the amount of damage);

1. Application of Acts and subordinate statutes governing vehicle photographs;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] of the Act on Discretionary Mitigation [the scope of recommending punishment] thief on general property, types 2 (General thief), mitigation area (4-10 months) / [Special Mitigation] punishment not to be imposed [the decision of sentencing] 6 months, suspension of execution of one year, victims are not subject to punishment, and considering the fact that the victims are not subject to punishment of the defendant.

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