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(영문) 전주지방법원 2015.09.17 2015고단836 (1)
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

On September 26, 2014, from around 02:00 to 03:00, the Defendant and B opened a window and opened an entrance into the office, and the Defendant entered the entrance to the office through the entrance, followed up to five cell phoness, deposit passbook, cash KRW 10,00, KRW 100, and KRW 10,000, KRW 3.550,000, market price of Party B, which was 3:00 to 03:0,000, was waiting for and loaded in a car driven by Party A.

Accordingly, the defendant stolen the victim's property together with B.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused, B, and A;

1. AY statement;

1. A copy of the investigation report (related to the attachment of photographs of damaged articles and a Kakakaoo Stockholm conversation), request for cooperation in investigation (inspection and reproduction of CCTV for vehicle board);

1. Copies of the details of traffic;

1. Application of statutes on site photographs;

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

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (this is recognized as reasonable in light of the characteristics of a juvenile year);

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act ( considered as favorable circumstances among the reasons for sentencing below);

1. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act (so long as it is a minor, it is not subject to the sentencing guidelines) is deemed disadvantageous to the Defendant, such as the nature and circumstances of the instant crime, and the fact that the Defendant did not take any measures to recover from damage.

However, the fact that the defendant recognized the crime of this case and is in depth divided, the defendant is a juvenile, and the defendant committed the crime of this case according to the proposal of the accomplice B, and there is no record of criminal punishment before the defendant committed the crime of this case, the balance of sentencing with the accomplice B, and other ages, character and conduct, environment, motive and motive of the crime.

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