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(영문) 인천지방법원 부천지원 2016.01.12 2015고단3474
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendants enter and put in a nearby convenience store in which tobacco falls, while playing together in middle school dong-gu, a middle school dong-gu, and tobacco falls.

Along with the solicitation of theft of vessels, this article attempted to commit theft.

On November 15, 2015, at around 04:05, the Defendants: (a) conspiredd the convenience store that the Plaintiff worked as an employee, and (b) decided that Defendant A would purchase tobacco against the said victim; and (c) caused the victim to put the 6 A on the calculum of tobacco.

After that, Defendant B acted as if he were to calculate the fruit in the display stand from his side, and led the victim’s attention, and during that period, Defendant A used tobacco as a shot and stolen it by means of escape from the convenience store.

As a result, the Defendants committed a theft of tobacco 60, together, by a verbal bulletin equivalent to the market price of KRW 27,00.

Summary of Evidence

1. The legal statement of Defendant A and some of Defendant B’s legal statement

1. Written statements of D;

1. Each photograph and each investigation report [the fact that Defendant B was at the scene is inconsistent, but the above Defendant A did not gather the theft from the scene, and the above A left the scene after committing the crime, but he did not leave the scene.

Although the facts charged are denied, the above defendant made a statement to the effect that he had attempted to larceny at the time of the police investigation, and when considering the defendant's legal statement and each of the above evidences, the above defendant's assertion is accepted, since it is recognized that the above defendant conspired to commit a crime, and thus, it is not accepted.

Application of Statutes

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act

1. Defendants to be mitigated in amount: Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing)

1. Defendants subject to suspended execution: Reasons for sentencing under Article 62(1) of the Criminal Act (the same shall apply to the grounds for small amount mitigation); and

1. The mitigation area of Defendant A [the scope of recommended punishment] The mitigated area of Defendant A [the scope of punishment] No. 3 (the thief) (the thief).

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