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(영문) 대구지방법원 상주지원 2018.09.11 2018고단182

특수절도

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around September 20, 2017, the Defendant, along with the latter, discovered and stolen the MTB bicycle in the front of the D church located in the Dao-si around 20:20 on September 9, 2017, with the victim E, at the market price of KRW 1,00,000,000 at which the victim E was temporarily set up, the Defendant reported the network next to the Defendant, and B boarded the said bicycle.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the suspect B of the police;

1. A E-document;

1. Application of Acts and subordinate statutes to report internal investigation (No. 3 of the evidence list);

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

1. Articles 53 and 55(1)3 of the Criminal Act (see the following grounds for sentencing) of the mitigated amount

1. Article 59(1) of the Criminal Act (see the following grounds for sentencing) of the suspended sentence

1. The Defendant, on the ground of six months of imprisonment with prison labor to be suspended, was sentenced to suspension of indictment for the crime of violence only once on the ground of six months in 2018, and was sentenced to a fine due to the crime of violence, again, committed the instant crime.

This is an unfavorable condition.

However, all of the defendants recognize and oppose the crimes.

With the smooth agreement with the victim, the injured party has not been punished for the defendant.

Defendant

In addition, while sending the distance from the road of larceny B, it is not an intelligence and leading device theft.

Rather, the defendant of the age of 21 and the middle student B, who are the defendant of the age of 21, are found to walk the same and have not been equipped with a correction device, and they are able to walk.

It is not that the defendant has a thief power.

In full view of the above circumstances, it is somewhat excessive to sentence the Defendant to suspend the execution of imprisonment immediately for the instant case.

I think the sentence shall be determined as ordered.