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(영문) 수원지방법원 안산지원 2014.08.07 2014고단1312

특수절도

Text

Defendants shall be punished by imprisonment for eight months.

However, each of the two years from the date of the final judgment against the Defendants.

Reasons

Punishment of the crime

On September 15, 2013, the Defendants: (a) entered the body of “I” operated by the victim H in Sinung-si on September 15, 2013, along with his name-free boxes and name-free boxes (F). The Defendants entered the above body of the body of the body of the body of the victim in Sinung-si, into the body of the body of the body of the body of the victim, and 250 km out of the body of the body of the victim in which the body of the body of the body of the victim was located; (b) the Defendants moved the body of the body of the body of the victim into the body of the body.

As a result, the Defendants stolen the victim's property together with those who did not receive the name.

Summary of Evidence

1. Defendants’ legal statement

1. Each prosecutor's interrogation protocol against the Defendants

1. The police statement of H;

1. Application of the Acts and subordinate statutes concerning the site photographs, each CCTV recording data, and for-use CCTV images which are a vehicle number;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act (the point of concurrent larceny)

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Probation and community service order Defendants: The Defendants should be punished strictly in light of the following: (a) even before the reason for sentencing under Article 62-2 of the Criminal Act was made several times; (b) despite having been punished for special larceny, etc., the Defendants committed the instant

However, the above punishment should be determined according to the sentencing guidelines by taking into account the following circumstances: (a) the Defendants led to a confession and reflect of the crime late in the future; (b) the victim was agreed solely with the victim after the conclusion of pleadings; and (c) the victim was not punished against the Defendants; and (d) other Defendants’ age, character and conduct, environment, motive and circumstances leading to the crime of this case; and (e) motive, means and consequence leading up to the crime of this case; and (e) other circumstances