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(영문) 대전지방법원 천안지원 2013.11.21 2013고단853

특수절도

Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On September 13, 2012, the Defendant was sentenced to two years of suspension of execution on September 21, 2012, due to a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) in the support of the Daejeon District Court, and the judgment becomes final and conclusive on the 21st of the same month.

【Criminal Facts】

The defendant is a person who lives in a astronomical basin.

On April 21, 2013, around 01:39, the Defendant: (a) stolen air conditioners; (b) stolen air conditioners and used them for living expenses, etc.; and (c) on April 21, 2013, the Defendant: (a) carried out the said air conditioners in the open space after the victim D operated by the victim D located in the Gangnam-gu Seoul Special Metropolitan City, Chungcheongnam-gu; and (b) the Defendant, in the open space, carried out the said air conditioners by means of towing the said air conditioners by five million won in total, the market value of the victim owned by the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Each written statement of D;

1. Each photograph;

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached thereto, such as written judgments);

1. In light of the fact that the Defendant, on the grounds of sentencing under Article 331(2) and Article 331(1) of the Criminal Act regarding the relevant criminal facts, was in the period of probation, without being aware of the fact that he/she committed the instant special larceny, and no effort was made to recover damage, a sentence of imprisonment with prison labor cannot be imposed.

Provided, That the punishment shall be determined as ordered in consideration of various circumstances, such as the fact that damaged articles have been returned to the victim, the age and environment of the defendant, etc.