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(영문) 인천지방법원 2015.10.22 2015고단2823
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

After having come to know at the juvenile self-living center, the Defendant decided to purchase goods with B, and theft ice cream, etc.

Defendant and B around 03:50 on March 19, 2015, at E operated by the victim D in Yeonsu-gu Incheon Metropolitan City, the Defendant purchased tobacco and caused the victim’s attention. B had four string 15,00 won in total the market price of the show case outside the store, and the Defendant, who gets away from B, carried one cigarette with a 4,500 Maddrid amp in the market price in the store.

Accordingly, the defendant stolen the property owned by the victim together with B.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Written statements of D;

1. A report on investigation;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (limited to juvenile protective disposition for the same kind of crime, but it shall be taken into account that there is no criminal record, the extent of damage is small, the age of the accused, etc.);

1. Article 62-2 of the Criminal Act of the community service order. Article 62-2 (Consideration of Damage and Consideration of Crimes, etc.);

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