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(영문) 서울북부지방법원 2017.07.26 2017고단2151
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 became final and conclusive.

Reasons

Punishment of the crime

On May 21, 2017, at around 03:30 on May 21, 2017, the Defendant, in collaboration with B, using the gap of “E” in the victim D operation in Gangnam-gu Seoul Metropolitan Government, 17, in which employees F are in charge of singing services at the settlement room, and the Defendant reported B’s network around the drinking-free shop, and the Defendant, in his hand, carried out cash boxes at the bottom of the 17th singing-free shop in the singing-free shop, with a total of KRW 70,00 in cash boxes owned by the victim, and around 04:0 on May 21, 2017, by using the gap in which employees work at F’s settlement room, and the Defendant, at around 17, 500 won in cash boxes owned by the victim at the bottom of the sing-free shop at which he had no customer.

Accordingly, Defendant A stolen 120,000 won in cash owned by the victim two times together with Defendant A.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing CCTV images on the thief;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is against the defendant, there is no record of criminal punishment, the injured party does not want the punishment of the defendant in agreement with the victim, and the defendant's age, sex, environment, motive and circumstance of the crime, etc., and all of the sentencing conditions identified in the records and trial process of the case, including the circumstances after the crime, shall be determined as the same as the disposition, taking into consideration the following two factors.

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