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(영문) 대구지방법원 2020.06.24 2020고단1584
특수절도등
Text

A defendant shall be punished by imprisonment for 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 March 4, 2020, the Defendant: (a) around 21:01 on March 21, 2020, at the front parking lot run by the victim D located in the north-gu Seoul Metropolitan City, Daegu Metropolitan City, the Defendant carried out 10 plastic coods equivalent to KRW 50,000, the market value of the victim owned by the victim, using the gaps in which surveillance was neglected; and (b) around 10,000,000 won.

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

2. On March 5, 2020, the Defendant: (a) around 21:02, at the place described in paragraph (1); (b) around 21:02, the Defendant carried five plastic coods in an amount equivalent to KRW 25,000, the market price of the victim’s ownership, by taking advantage of the gaps in which surveillance in the surroundings was neglected; and (c)

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Written statements of D;

1. A report on internal investigation (whether the owner of the damaged article and the consent of the victim have been obtained), a cctv image closure photograph;

1. Application of Acts and subordinate statutes to a report on investigation (Correction of the amount of damage inflicted on the victim);

1. Article 331(2) and (1) of the Criminal Act applicable to the relevant criminal facts and Article 329 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for special larceny heavier than punishment);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class I (Special thief) thief (Determination of Punishment) (Special thief) thief (Special thief) thief (Special thief) thief) thief (special stief) - A thief (special stief) - A stief (special stief) - A stief (the scope of recommendations and recommendations) - A stief (general thief)

(b) Class 2 (Determination of thief) thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief

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