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(영문) 수원지방법원 성남지원 2020.04.01 2020고단317
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, together with B and C, was aware of in a free meal service site, committed a theft of property.

1. On January 15, 2020, in collaboration with the Defendant, B, and C, the Defendant came into the house of the victim E of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the victim of the Defendant and B entered the house through the gate opened by the Defendant and B, and the Defendant entered the house through the gate located in the front of

2. Joint crimes committed with the defendant B;

A. On March 2, 2018, the Defendant, in collaboration with the Defendant on March 2, 2018, intruded into the church through the back door opened at the “H school” operated by the F Victim G in Sungnam-si, Sungnam-si, which was held on March 2, 2018, and the Defendant reported the network to the Defendant, and B carried 10 kilograms of rice equivalent to 50,000 won at the above church restaurant, and stolen it.

B. On January 15, 2020, the Defendant, in collaboration with B on January 15, 2020, entered the door through the Section “K” in which the victim J of the second floor of Sungnam-si was well known to the victim J, Sungnam-si, and the building entrance in the building door, and then cut off B with 10 kilograms of rice equivalent to 30,000 won in the market price in the law.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol concerning B and C;

1. A copy of each police statement made to E, G and J;

1. Application of the Act and subordinate statutes to each on-site photographic data, “L” CCTV photographic data, and “M CCTV photographic data

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 2(2)1 of the Punishment of Violences, etc. Act, and Article 319(1) of the Criminal Act (the point of entering a joint residence, and the choice of imprisonment);

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

1. Discretionary mitigation is advantageous to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act.

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