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(영문) 서울동부지방법원 2014.05.29 2013고단2410

특수절도등

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

Punishment of the crime

At around 10:00 on October 31, 2012, the Defendant, together with B, stolen the victim, and the market in Gwangjin-gu Seoul Special Metropolitan City, who had a house for the first time, and the victim, who had a house for the first time in Gwangjin-gu, Seoul Special Metropolitan City, with the wall for the second time, and the first time in the air-conditioner room and the first time in the air-conditioner room.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol concerning the examination of suspect B;

1. Statement of police statement of D or E;

1. Application of Acts and subordinate statutes on police seizure records;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended by the sentencing guidelines (determination of types) thief; thief; thief (general thief) general property; thief (decision of the recommending area); basic area [the scope of sentence recommended] from June to June 1;

2. The sentence shall be determined as per the order, taking into consideration all the circumstances revealed in pleadings, such as the accused's confession, the fact that the accused is living together, the damaged goods are seized, the fact that there is no record of punishment exceeding the fine for the same kind of crime, and the age, character, conduct, occupation, intelligence and environment of the accused, the motive and background of the crime, the means and method of the crime, the circumstances after the crime, etc.