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(영문) 서울중앙지방법원 2013.11.27 2013고단5158
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

피고인은 공동피고인 C, 그리고 D과 함께 2013. 5. 11. 00:40경 서울 동작구 E에 있는 F시장 내 G식당에서 술을 마시고 있던 중 피해자 H이 피고인 일행들 뒤에 위치한 테이블에서 식사를 하다가 피해자 소유의 샘소나이트 검정색 숄더백 1개(시가 8만원 상당)를 놓고 자리를 옮기는 것을 발견하였다.

Accordingly, the defendant suggested that he stolen the above bags from Co-defendant C, and Co-defendant C accepted the defendant's proposal.

Pursuant to the above plan, the Defendant calculated and moved out of the restaurant, and distributed the attention of the above restaurant operator, and Co-Defendant C stolens the damaged goods by carrying out the above room with the victim’s 4S 1 (copon equivalent to KRW 800,000,00,000,000), electronic tobacco 1 (copon equivalent to KRW 130,00,000,000,000,000,000,000 won).

Accordingly, the defendant, together with Co-Defendant C, stolen the above victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Co-defendant C’s legal statement

1. A H statement;

1. A investigative report (CCTV analysis);

1. Police seizure certificates;

1. Application of Acts and subordinate statutes to photographs of the thief site, CCTV video-recording photographs, and seized articles photographics;

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 following circumstances, which are favorable to the defendant in relation to the conditions of the reasons for the suspended sentence of one year in six months of imprisonment with prison labor for the sentencing of Article 62(1) of the Criminal Act, and five years of imprisonment with prison labor for the sentencing of the sentence (limited to six months of imprisonment with prison labor for the sentencing of the sentencing guidelines) and the scope of the recommended sentence for the sentencing of the sentencing guidelines (limited to four months of imprisonment with prison labor for the sentencing of the sentencing guidelines): [the area of mitigation of the two types of larceny (general larceny): the victim's imprisonment with prison labor for the general property):

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