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(영문) 수원지방법원 평택지원 2016.08.04 2016고단292
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 28, 2015, the Defendant and B opened an office door and opened a cell phone charging device equivalent to 20,000 won in the market value of the victim owned by the victim D in Osan-si around 23:10.

2. On October 29, 2015, the Defendant and B around 02:00, around 02:00, up to the frame of the Osan City City, and the victim E opened the door on the outside display stand of the store where the victim E closed, Defendant A reported the network, and Defendant B got off one cell phone equivalent to KRW 200,000 of the market price, including KRW 10,000 in cash owned by the victim, and KRW 90,00 in the market price.

3. On October 30, 2015, the Defendant and B had approximately KRW 3,00,000 in total, such as tobacco, fruit, beer, and beer, as the victim G, operated by the victim G, around 21:10, around 201, at the convenience store operated by the victim G, the Defendant and B did not set up the facility through the window, and thereafter had the goods owned by the victim.

As a result, the defendant and B stolen the total amount of 3,320,000 property owned by the victims on three occasions together.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written statement of the police statement about D or E;

1. Photographs and fingerprinted fingerprints requested for a name;

1. Application of Acts and subordinate statutes on seizure records;

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

1. The crime of larceny is committed repeatedly for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, and the nature of the crime is not good, but there is no other criminal record in addition to one fine due to driving without a license, and cooperates in the investigation by separating the crime, the victim D and G, the victim E does not want the punishment of the defendant, and there is a family member to support.

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