특수절도등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Power of crime] On November 25, 2015, the Defendant was sentenced to a suspended sentence of three years for imprisonment with prison labor for special larceny, etc. at the Daejeon District Court on November 25, 2015, and such judgment became final and conclusive on December 3 of the same year.
[Criminal facts]
1. On September 16, 2015, the Defendant, in collaboration with B, discovered the e-car owned by the victim D, which was parked in the front parking lot around 03:00 to 04:0 on September 16, 2015, in front of Daejeon Seosung-gu Seoul apartment house 202, and found the e-car owned by the victim D, which was not corrected, and the above B reported the network in the surrounding area, and the Defendant opened a vehicle door and colored stolen objects, but did not perform an attempted act because the stolen objects were not stolen.
2. On October 1, 2015, in collaboration with the above B, the Defendant discovered a H taxi owned by the victim G that was parked in the front of the Seo-gu Daejeon Special Metropolitan City F apartment on October 1, 2015, and found the 107-dong parking lot, Seo-gu, Daejeon Special Metropolitan City. The Defendant reported the network in the surrounding areas, and the Defendant opened a vehicle door and stolen it with a cash equivalent to 20,000 won in cash located in that area.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of each police officer under B;
1. Each statement of D and G;
1. A report on investigation (Attachment of photographs of the scene of crime);
1. Previous convictions: References to inquiries, reports on the absence of disposition and the results of confirmation, and the application of Acts and subordinate statutes;
1. Articles 342, 331(2), and 331(1) (a) of the Criminal Act concerning the facts constituting an offense, and Articles 331(2) and 331(1) of the Criminal Act (a point of special larceny);
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):
1. Whether Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order applies the sentencing guidelines: Special larceny of the first head of the judgment that became final and conclusive, and Article 37 of the Criminal Act.