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(영문) 수원지방법원 안산지원 2016.10.06 2016고단3198

특수절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 00:31 on November 4, 2014, the Defendant, along with C, moved the same at the front of the D, to a passenger car of the victim E (51 years of age) who was parked in the zone, and the Defendant opened an unrecepted steering gate and opened a rash, which is the victim’s possession, the sum of the market price of KRW 4.2 million, such as one rash, one electric st, one string, two string, two strings, one for filling, two for charging, etc., which is the victim’s ownership, and then moved the said goods with the said C, and loaded the said nash-type car with the said C, and went out of the site.

Accordingly, the defendant stolen the victim's property together with C.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. E statements;

1. Photographs of a field, damaged vehicle, photograph of a private CCTV, photograph of a riding CCTV at a parking or stopping CCTV, and photograph of a yellow-do vehicle taken from CCTV for crime prevention against vehicles;

1. Application of Acts and subordinate statutes to investigation reports (CCTV investigation-comprehensive), investigation reports (calculated amount of damage);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing in Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] The mitigated area (4-10 months) for the theft of general property (general larceny) [Special Mitigation] of the mitigated area (4-10 months] of the punishment (decision of sentence] of the defendant [decision of sentence] of the defendant has been punished for the same kind of crime several times, and the special larceny crime of this case is disadvantageous to the fact that the nature of the crime is not good in light of the applicable applicable law.

However, considering favorable circumstances, such as the fact that the defendant's mistake is recognized and reflected, the victim does not want the punishment of the defendant, and the fact that the defendant is aged, and all the sentencing conditions stipulated in Article 51 of the Criminal Act, the same sentence as the order shall be determined.