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(영문) 광주지방법원 2017.10.20 2017고단1531
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

1. On December 3, 2016, the Defendant of special larceny and C came to go to the Flux of Victim E in Gwangju Mine-gu around 12:46 on December 3, 2016, using a security key owned by Defendant C, and entered the victim E in the relevant area with a 1,700,000 won of the market price owned by the Defendant C, and a obbane 1,300,000,000 won of the market price owned by the victim, and a obane 1,30,000,000 won of the market price owned by the victim, and a obane 1,60,000,000 won of the market price and obane 1,000,000 won of the market price.

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

2. On December 7, 2016, the Defendant and C with special larceny came to have around 19:37 on December 7, 2016, at around 19:37, the victim E, who was in the said place in the same manner as indicated in paragraph 1, had one chest protection unit, one alarm system equivalent to 80,000 won in the market value of the victim E, and one alarm system equivalent to 60,000 won in the market value.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or C by the prosecution;

1. Application of the Acts and subordinate statutes to the CCTV images of the police statement in relation to E;

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. According to Article 62(1) of the Act on the Suspension of Execution, the following conditions shall be comprehensively taken into account: (a) the return of the victim of the theft for the reason of sentencing under Article 62(1) of the Criminal Act; (b) the agreement with the victim; (c) the relationship with the victim; (d) the background of the crime; and (e) the Defendant’s age, sex, environment

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