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(영문) 창원지방법원 2018.06.14 2018고단940
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 B conspired to steal cash at the convenience store where the victim C, who was aware of the peace, was a pro-Japanese.

1. On March 20, 2018, the Defendant: (a) around 19:35, on March 20, 2018, committed the crime, around the E convenience point for the victim’s work; (b) around 19:35, in front of the victim’s work; (c) the Defendant: (d) induced the victim to walk the victim’s horse; and (e) B, with the goods equivalent to KRW 104,50,00 in cash located in a simplified credit cooperative located in the calculation stand within the convenience point (section 2, tobacco 1A).

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

2. On March 21, 2018, the Defendant, at around 19:10 on March 21, 2018,: (a) around around 19:10, the place indicated in paragraph (1); and (b) between B and the place where the victimized person was induced out of the convenience store by the said method, the Defendant entered the convenience store, with cash of KRW 80,000,000 in the calculation unit; and (b) between B out of the place and the victim’s horses, the Defendant carried KRW 120,000 in cash in the calculation unit within the convenience store.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of CCTV-related Acts and subordinate statutes;

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

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the time of and reflect on the crime, the fact that the victim does not want the punishment by mutual consent with the victim, and other consideration of the age, sex, environment, health conditions, etc. of the defendant);

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