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(영문) 서울북부지방법원 2018.08.16 2018고단1290
특수절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On February 6, 2018, at around 18:10 on February 6, 2018, the Defendant, who was aware of, and was aware of, the name in the name of the Defendant, sent back from the door-to-door seller the home plug in Seoul Jung-gu, Seoul, with the home pller’s new store located in 201. The name in the name of the Defendant: (a) 5 bottles in the total market price owned by the victim’s Home pller, Co., Ltd., Ltd., which was in the liquor seller, 131,690 won; and (b) the Defendant sawd the above two weeks from the name in the door-to-door seller and concealed them in the clothes.

As a result, the defendant stolen the victim's property together with his name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. C’s statement;

1. Photographss and receipts of damaged articles;

1. Thefts and CCTV photographs of escape areas;

1. Application of the CCTV video-related Acts and subordinate statutes to theft and escape areas;

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 suspended execution;

1. The reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation are the same crimes, and the defendant has been punished several times for the same crimes.

Nevertheless, the crime of this case was committed again.

However, the defendant is opposed to the defendant's attempt to commit the crime of this case.

When a theft has been discovered, there is no damage by returning the stolen goods.

The defendant lives hard to North Korean defectors and has a mental disability of grade 2.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.

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