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(영문) 수원지방법원 안산지원 2015.09.23 2015고단623 (3)

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

Criminal facts

At around 09:30 on February 5, 2015, the Defendant found with C, and around 09:30 on February 5, 2015, the Defendant found ELD golf banks and clothes rooms equivalent to KRW 100,000 in the market price of the victim’s holding price of KRW 3,500,000, which are owned by the victim E in the vicinity of the above place, and C used the above golf banks and clothes to run by the Defendant.

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

Summary of Evidence

1. Part of the defendant's statement in the court (the defendant and his defense counsel are aware of the golf banks and clothes that have been abandoned in their holding, and thus, the defendant does not have any intention to steals. However, in light of the each condition of golf banks and clothes banks, actual value level, place of discovery, etc. in the holding, the defendant's willful intention to steals can be recognized. Thus, the defendant and his defense counsel's assertion is without merit)

1. Statement to E by the police;

1. Application of the Act and subordinate statutes on CCTVTV Image Data, which has been exposed to a criminal scene and damp practice;

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. The scope of recommended sentencing guidelines set forth in Article 62(1) of the Criminal Act (a) of the suspended sentence (a part of the damaged goods has been seized and provisionally returned to the victim, the above accused has no specific penalty power except three times of a fine, and the degree of participation compared to other accomplices C is less than that of other accomplices: the sentence is rendered as ordered on the grounds that the sentence is more than one month to six months of imprisonment, the sentencing range for general property is mitigated, the first type (a special mitigation) and one type (a special mitigation) and more (a special mitigation factor) and the sentence is imposed on general property.