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(영문) 인천지방법원 2013.06.11 2012고단11179
특수절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and C conspired to steal cash, etc. in the Round after they play at the convenience store where the friendly job offering D works as an employee, and the convenience store is closed.

At around 01:44 on November 21, 201, the Defendant and C jointly reported the network in front of the convenience store to the “G convenience store” for the victim F’s operation in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and C used 7 cigarette powder equivalent to KRW 1,524,000 in cash owned by the victim in the canter and the market price of KRW 179,000 in the display room.

As a result, the defendant and C stolen the victim's property together.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (see, 2009Da11448, Jan. 2, 201)

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

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