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(영문) 창원지방법원 밀양지원 2017.01.05 2016고단483

특수절도

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. 피고인은 2016. 3. 22. 03:10 경 친구 C이 운전하는 오토바이를 타고 밀양시 D에 있는 E 시장 내 피해자 F이 운영하는 G 진열대를 지나다 천막으로 덮어놓은 피해자 소유인 감자 1관을 발견하자 위 C과 이를 훔치기로 모의하고, C은 오토바이 시동을 켠 채 기다리고 있고, 피고인은 오토바이에서 내려 위 감자 1관 시가 12,000원 상당을 가지고 갔다.

As a result, the defendant stolen the victim F's property together with C.

2. The Defendant, along with the above C, passed the I display stand operated by the Victim H in the E market located in the same day 04:30 of the same day, and discovered the scooma contained in the victim’s scooma in the E market, and carried out the above scooma market price of the above scooma in the same manner as paragraph 1.

As a result, the defendant stolen the victim H's property together with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each statement of F, H and J;

1. Application of Acts and subordinate statutes to conduct juvenile environmental surveys (juvenile cards), entrustment of guidance to the protective observation office, and notification of the progress of persons subject to guidance;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under Acts: Imprisonment for three months to three years; and

2. Application of the sentencing criteria;

A. Crimes Nos. 1 and 2: Each special larceny [Determination of Type] is combined with two types (general larceny) [person who is in charge of special sentencing (person who is in charge of special larceny)] in the area of mitigation [the scope of recommendation] in the area of mitigation [the scope of recommendation] from April to October [the person who is in charge of general sentencing] in the area of mitigation [the person who is in charge of general sentencing] - there is no history of criminal punishment for mitigation - two or more increased factors.