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(영문) 대전지방법원 천안지원 2019.11.29 2019고단2702
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 18, 2019, at around 20:36, the Defendant, along with B on September 18, 2019, put B in a bridge where he/she prepared food and beverage amounting to KRW 76,00,00 in the market price, such as 2 marith, swine 1 factoring, etc., in the case of B, and the Defendant went out of the bane while preparing for food and beverage amounting to KRW 76,00,00.

Accordingly, the defendant stolen the victim's property together with B.

2. On September 25, 2019, at around 20:25, around September 25, 2019, the Defendant, along with B, put the gap in which the surveillance of the victim E was neglected at the places indicated in paragraph (1) around September 20:25, 2019, into the bridge where he prepared food of KRW 41,850 in total at the market price, such as paper granchi, granchi, sab, sab, etc., and the Defendant went out of the bridge.

Accordingly, the defendant stolen the victim's property together with B.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Details of member transactions in the F’s written statement;

1. On-site photographs;

1.To report (CCTV verification), to confirm CCTVs for investigation reports-2019;

9.18. Application of Video Acts and subordinate statutes

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. As to the reasons for sentencing under Article 62(1) of the Criminal Act, considering the overall circumstances revealed in the records and arguments of this case, the sentence shall be determined as ordered, taking into account the following: (a) the nature of the crime is not less light in light of the Act on the Suspension of Execution; (b) the accused has the record of criminal punishment several times against the crime of this case; (c) the accused confessions and reflects the crime of this case; (d) the accused appears to constitute a living penalty; (e) the partial repayment of the damage amount of this case

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