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(영문) 전주지방법원 2016.06.29 2016고단722
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

On April 6, 2015, at around 04:56, the Defendant and B met in Ansan-si, a member-gu, A, the Defendant and B met with the outside of the convenience store, and C met with the order of the victim F, who is an employee of the place, to put the cigarette on the table, requesting the victim to convert the cigarette on the table, requesting the victim to change the cigarette into another cigarette, and the victim went away with the above one cigarette as is.

Accordingly, the Defendant, together with B and C, stolen tobacco amounting to 45,000 won at the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. A written statement; 1. Application of the relevant Acts and subordinate statutes to the photographs of each case;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act are as follows: (a) the defendant committed the crime of this case and reflects his mistake; and (b) the defendant had the record of being subject to juvenile protective disposition several times favorable to the defendant, such as the fact that the amount of damage is minor; and (c) the defendant did not reach an agreement with the victim; and (d) the defendant was disadvantageous to the defendant; and (e) the defendant’s age, sexual conduct and environment; (e) the motive, background, means, method, and consequence of the crime of this case; and (e) the various conditions of sentencing as shown in the records and

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