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(영문) 의정부지방법원 2016.12.21 2016고단3837

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive for Defendant A.

Reasons

Punishment of the crime

On June 11, 2016, at around 13:30, the Defendants arbitrarily entered the mountain field managed by the victim E in Pocheon-si, Sincheon-si, and Defendant B reported the network, and Defendant A used the mountain field prepared in advance to expand the total market value of 22 million won or more owned by the victim and 110 puous ginseng owned by the victim.

Accordingly, the Defendants committed a theft of the property owned by the victim jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes to seized articles photographs and field photographs;

1. Article 331(2) and (1) of the Criminal Act as to the facts of the crime concerned;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing [the range of recommending punishment] of Article 62(1) of the Criminal Code for the punishment of Article 62(1) of the suspended sentence [the range of punishment] of the Act on the thief for general property (general larceny) (4 to 10 months) (special mitigation] of the mitigation area (4 to 10 months) of the mitigated area (the decision of sentencing] of the punishment is recognized by the defendants in depth and reflect

The stolen mountain ginseng was returned to the victim, and the victim did not want to be punished against the defendants by mutual consent with the victim.

There is no same criminal history for the Defendants, and only one fine is punished for each of them.

Defendant

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In this context, the sentencing guidelines shall be set by taking into account various sentencing conditions, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime.