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(영문) 대구지방법원 2019.05.22 2018고단5862
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 14, 2018, at around 18:44, the Defendants made use of the cresh in D Caf in which the victim E, who is a customer, had a locked place at the time of the opening, and Defendant B made up on his own clothes of the amount of KRW 80,000,000, the market value of the victim, which is the victim’s own interest, which is 80,000,000,000 won. Defendant A had it on his own clothes, and Defendant A had it.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. A E-document;

1. Each report on investigation;

1. Two photographs of CCTV closure and application of each Act and subordinate statutes to one card receipt;

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. Defendants on probation: Article 62(1) of the Criminal Act

1. Probation and community service order Defendants: Defendant A with the reason for sentencing under Article 62-2 of the Criminal Act: Taking into account the fact that the Defendant had been subject to juvenile protective disposition several times due to theft, etc., but again committed the instant crime, and that the Defendant did not take measures for recovery from damage up to the present time, taking into account the factors for sentencing favorable to sentencing, the Defendant is sentenced to the same sentence as the order of the Defendant, taking into account the favorable factors for sentencing,

Defendant

B: A sentence identical to the disposition is imposed on the Defendant, taking into account the favorable sentencing factors, such as the fact that the Defendant had been sentenced to the suspension of indictment due to larceny, but again led to the instant crime, the fact that no measure has been taken to recover damage up to the present time, considering the fact that the Defendant led to the confession of the crime and the fact that the amount of damage has not

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