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(영문) 대구지방법원 2018.02.13 2017고단6420
특수절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and C are the motive of high school, and there is no living cost with people living without a certain occupation, and conspired to steals money and valuables from others.

On September 5, 2017, the Defendant and C around 10:45, at the “F” bank operated by the victim E in the racing-si, the Defendant saw that the Defendant was waiting in front of the room, and reported the network, and C acted as if the Defendant would purchase gold booms, and it was displayed at the display stand by the damaged party, and 24K 20,000 won of the market price of the 4.1 million won at the display stand out of the room, and the Defendant was driven by the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. E statements;

1. Each investigation report (to attach CCTV data installed at a place where such data is generated) (to be submitted voluntarily to a witness G, and to be related to the appraisal of silver and asphalt);

1. Application of statutes on records of seizure and lists of seizure;

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 Suspension of Execution (see, e.g., the fact that there is no profit to the defendant actually acquired, the fact that there is no specific criminal history prior to the crime, and the fact that family environment is poor);

1. The community service order under Article 62-2 of the Criminal Act;

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