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(영문) 수원지방법원 안산지원 2016.01.27 2015고단3685
특수절도
Text

A defendant shall be punished by imprisonment for four months.

(2) shall suspend the execution of the above sentence for a period of two years from the date this judgment became final and conclusive;

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years (2015 senior group 925, 1857 (Joint)) for six months from his/her imprisonment with prison labor for special larceny, etc., in the assistance in Ansan-gu, 2015, the Defendant was sentenced to a suspended sentence of six months from his/her imprisonment with prison labor for special larceny, etc. on September 16, 2015; on September 10, 2015, the Defendant was sentenced to a suspended sentence of two years from his/her imprisonment with prison labor for six months from his/her imprisonment with prison labor for special larceny, etc.; on September 10, 2015, the said judgment became final and conclusive on September 18, 2015 (former group 941).

[2] On April 6, 2015, at around 04:56, the Defendant and Defendant B, and Defendant C, and Defendant C, were in Ansan-si, a member of Ansan-si, and the Defendants went to the outside of the convenience store, and the Defendants came to the convenience store, and C ordered the victim F, who is an employee of the place, to put a cigarette on the table, and demanded the victim to put the cigarette on the table, and to change it into other tobacco, and the victim was able to find other tobacco set under the seat of the Kab, and escaped as they were.

Accordingly, the Defendants stolen tobacco amounting to 45,000 won at the market price owned by the victim in collaboration with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. The photograph of each related case (CCTV image);

1. Previous records: Application of Acts and subordinate statutes to inquiries about criminal records, judgments, and search results of each consolidated case;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Reduction of volume (The following extenuating circumstances) Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution (The following, repeated consideration of sentencing) comprehensively takes into account the following factors: (a) the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act reflects his mistake; (b) each special larceny for which the Defendant’s judgment became final and conclusive; and (c) the fact that the degree of damage caused by the instant crime is insignificant; and (d) the sentence is determined as ordered.

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