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(영문) 대전지방법원 2020.01.30 2019고단4029
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 3, 2019, at around 23:30 on May 3, 2019, the Defendants discovered the gap in the first floor of the Daejeon Pungsung-gu C building, the victim of the business owner D (Nam, 25 years old) that is not a trial unit in one of the devices extracted by the victim of the other Defendant A, laid the Defendant B into the above store, cut the network, and then the Defendant B came into the upper unit, and the Defendant B, by opening the display box of the device that was not locked, and by using the knife knife, opened the display box of the device that was not locked.

Accordingly, the Defendants, together, stolen two races and one scambling in a total amount of 120,000 won of the market price.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of D;

1. Application of the Acts and subordinate statutes to cut off the suspect's photograph, peripheral CCTV images and to voluntarily submit them;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. The Defendants subject to suspended execution: (a) the Defendants recognized and reflected the instant crime under Article 62(1) of the Criminal Act; (b) the Defendants agreed with the victim that the Defendants were in line with the victim’s consent to punish the Defendants; (c) the Defendants did not have any history of criminal punishment heavier than a fine; and (d) the motive, means and consequence of the instant crime; (c) the degree of damage; (d) the circumstances after the instant crime; and (e) the Defendants’ age, etc., were comprehensively taken into account the various sentencing conditions indicated in the pleadings

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