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(영문) 수원지방법원 안산지원 2017.06.09 2016고단4875
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

On July 22, 2016, the Defendant jointly with C, at the F convenience point where the victim E works as an employee on July 22, 2016, at the time of Silung-si, the victim set up a 6 mobile phone in the goods display room and reported other business affairs, and C inform the Defendant of the above fact that there was a mobile phone, and the Defendant collected an amount equivalent to KRW 400,000 of the above mobile phone contained in the market price of KRW 20,000,000 from the above convenience point.

Accordingly, the defendant stolen the above 420,000 won mobile phone case together with C.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect C by the police;

1. A victim statement of E;

1. The application of statutes to the results of the reproduction and viewing of CCTV images;

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

1. Article 53 and Article 55(1)3 of the Criminal Act (i.e., the first offender and the first agreement with the victim) of the mitigated amount;

1. It is so decided as per Disposition on the grounds that Article 62 (1) (recognisive Grounds for Reduction of Amount) of the Criminal Act is higher than that of the suspended sentence;

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