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(영문) 전주지방법원 군산지원 2016.01.22 2015고단913
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight 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

Defendant was aware that he had been in common.

B along with B, while getting a car in CK5 car and getting in the Y5 Si, it was necessary to secure oil expenses and board and lodging expenses, etc., and the money was collected by intrusion into nearby restaurants.

1. The Defendant committed the crime related to the victim D around April 2, 2015, around 02:0, in front of the F cafeteria operated by the victim D, the victim D, the Defendant set up and set up the above car at the nearest area and reported the network, and the above B forcedly opened the restaurant entrance and intrudes into it, and then stolen it with one payment period of the amount equivalent to 30,000 won at the market price of the victim’s possession on the seat of the seat.

2. The Defendant committed the crime related to the Victim G at around 03:00 on the same day prior to the “I cafeteria operated by the Victim G located in the North Hasan-si, North Hasan-si.” The Defendant reported the network as described in paragraph 1, and the Defendant intruded inside the cafeteria with the entrance of the above cafeteria opened, and collected KRW 85,00,000, in cash, owned by the victim during the payment period of gold transfer to the Ka Ka kter.

In addition, they stolen them.

Accordingly, the defendant stolen the victims' property two times together with the above B.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to the investigation report (to be accompanied byCCTV images and photographs), photographs, and comparative fingerprints results;

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 reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation [the scope of recommended punishment] The mitigated area (from August to January 6) of the mitigated area (the special mitigated person] [Article 62-4] of the Criminal Act in cases where the defendant intrudes into a place other than an indoor residential space (the decision of sentencing] [the defendant is suspended from indictment for the same kind of crime.]

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