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(영문) 창원지방법원 2014.09.16 2014고단358
특수절도
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as a person who takes part in the E station operated by the victim D in Kimhae-si, raised money in F and G along with F, and collected money in the above station office.

1. On August 21, 2013, the Defendant, in collaboration with F and G, knew in advance that the victim did not correct his/her office’s safe at the above gas station office, and opened a safe by means of cres that the victim did not leave the office, and stolen the cash amount of KRW 1.5 million owned by the victim.

2. The defendant, in collusion with F, is in partnership with G, the same year.

8. 31. 23:00, at the same place as in the preceding paragraph, KRW 1,100,000 of the cash owned by the victim was stolen at the credit cooperative of the office in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Each police interrogation protocol concerning F and G;

1. Application of Acts and subordinate statutes to the investigation report (Attachment of photographs);

1. Article 331 (2) and (1) of the Criminal Act (the point of concurrent larceny), Article 331 (2) and (1) of the Criminal Act, Article 30 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (i.e., reflectiveness, age, absence of a previous criminal record of a stay of execution or more, and the opportunity of reflectiveness through detention);

1. It is so decided as per Disposition for the reasons above, within the scope of sentencing guidelines of the Sentencing Committee (in the case of an increase in the area of ordinary larceny (in the case of a systematic share of criminal conduct: 10 months to 2 years) under Article 62-2 of the Probation Criminal Act (Consideration of previous convictions of fines and records of juvenile protective disposition)

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