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(영문) 대전지방법원 홍성지원 2017.01.25 2016고단741
특수절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was willing to steal property by intrusion upon the store whose business has been terminated at night, B, C, D, and D at night.

Around 01:00 on June 19, 2015, the Defendant, together with B and C, was operated by the Victim F in Hongsung-gun, Chungcheongnam-gun, Hongsung-gun on June 19, 2015, and the Defendant: (a) removed, removed, and reported the network; and (b) B and C, together with B and C, committed a theft of, or attempted to steal, property equivalent to the sum of KRW 2,179,000,00 in total, owned by the victims over eight occasions in total, together with B, as shown in the table of crimes Nos. 1, 2, 3, and 4 of the table of crimes committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, F, I, J, K, L, M and N;

1. Application of each on-site photograph, investigation report (Evidence Nos. 19,21 of the evidence list), and text of the judgment

1. Article 331(2) and (1) (special larceny) of the Criminal Act in relation to the facts constituting an offense, Articles 342, 331(2) and 331(2) of the Criminal Act (the point of attempted special larceny) of the said Act;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the following circumstances under the protection and observation and the reasons for sentencing under Article 62-2 of the Social Service Order Act, and all the conditions of sentencing recorded in the records, such as Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the sentence as ordered shall be determined.

The fact that the crime of this case is committed, there is no record of being punished more than a suspended sentence, and there is a record of being punished for the same crime, and there is no agreement with the victims.

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