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(영문) 대구지방법원 서부지원 2021.01.07 2020고단1911
특수절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 05:01 on April 11, 2020, the Defendant, in collaboration with B, C, and D, colored around the 2nd underground floor parking lot located in Daegu-gun E, Daegu-gu, to steal the hemoth, and C, with the network around B, and the Defendant reported the network in the vicinity, and the Defendant, with the GTS 45 years old, up to 90,000 won in the market price located in the GTS 2nd floor located in the victim F (S). The Defendant, together with the GTS 1,00,000 won in the market price attached to the said hemoth, 1,000 won in the 60,000,000 won in the market price and 90,000 won in the 1,000,000,000 won in the 28,000,000 won in the 37,00,000,00 won in the mobile phone market price.

Summary of Evidence

1. Application of the Acts and subordinate statutes governing recovered damaged objects photographs, such as on-site investigation reports (on-site CCTV images verification), on-site investigation reports (on-site CCTV images verification) and CCTV images on the police interrogation protocol B, C, F, and H to the Defendant’s legal statement D, and on-site investigation reports (on-site CCTV images verifications) and CCTV images, etc.

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

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime of this case is not good, and that the defendant has a record of receiving juvenile protective disposition for the same crime, etc. is disadvantageous.

However, there are all the arguments in this case, including the defendant's confession of the crime of this case, the defendant's mistake is divided, the victims have not been punished by agreement with the victims, the defendant has no record of criminal punishment, and the defendant's age, sex, environment, family relationship, means and result of the crime, and circumstances after the crime.

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