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(영문) 대구지방법원 2019.03.28 2018고단5440

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 31, 2018, at around 02:05, the Defendants reported the network around the vehicle, and Defendant B opened a door of the unlocked vehicle and intruded it into the vehicle, and the victim’s market value is 1.4 million won at the location of the vehicle, the number of samples of KRW 80,000,000 in the market value of which is 1.4 million in total, cash, one credit card, and one resident registration certificate of KRW 400,00 in the market value of which is 30,000,000,000,000,000 won in the market value of the vehicle.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report internal investigation (explosion) (exploiting to a field of the case and to report an investigation (attached to a spact photo attached to the same line before and after the crime) - Chapter 8 photographs by capturing the spact - Chapter 3 of a photograph of the victim (Recovery of the damaged and transfer of the victim), three copies of a photograph of the damaged product, investigation report (type of the damaged product and confirmation of the market

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for six to five years;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types]. The scope of larceny [type 2] general larceny [the scope of recommending area and recommending punishment] and the basic area of punishment, six months to one year and six months; and

3. According to the decision of sentence, the conditions unfavorable or favorable to the same Defendants, the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee, and the age, character, character and environment of the Defendants.