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(영문) 춘천지방법원 강릉지원 2017.06.30 2017고단335 (1)
특수절도
Text

Defendant

A shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 14, 2017, Defendant C discovered that the victim F was locked in the “E soup room” located in Gangseo-si, Gangseo-si, Yung-si on February 14, 2017, and tried to steal the said mobile phone.

Defendant C sent out the outline to be used for committing the crime to Defendant C, followed the surrounding conditions in the vicinity of the crime scene, and Defendant C, upon having taken out the wall, had access to the potential victim, lowered a part of the wall to the floor, and dumpeded the wall, and at the same time, EL G5 mobile phones equivalent to KRW 700,000 in the market value of the victim's possession.

Defendant C, together with the above, stolen the victim’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the suspect of the defendant and the defendant C by the prosecution;

1. Statement of the police statement related to G;

1. A written statement;

1. The Kakao Stockholm conversation content and a unit price table;

1. Application of the Acts and subordinate statutes to photographs of each on-site photograph, the closure of each on-site CCTV and damaged mobile phone images;

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

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act to be mitigated considering extenuating circumstances (the following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommending punishment] [the grounds for repeated mitigation of punishment] of Article 62(1) of the Criminal Act / [the scope of recommending punishment / [the decision of sentencing] reflects the mitigation area (non-won of punishment, six months to one year] of Article 3 of the Act on the thief for general property / [the decision of sentencing], the details of the crime in this case, the defendant's age, family environment and health conditions (including pregnancy) / the victim is not subject to punishment, the relation between the co-defendants and the defendant, and the details of punishment against the defendant, etc., the sentence against the defendant shall be

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