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(영문) 대전지방법원 홍성지원 2016.04.12 2015고단664

특수절도

Text

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.

Reasons

Punishment of the crime

On January 25, 2015, at around 17:30, the Defendant and C moved 1 and 2 iron plates (10km) in the market price owned by the victim E, which are kept in the closed party of the above residence, using the gaps in the victim E in the absence of the victim, to move 17:30 on January 25, 2015.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to E and F;

1. Application of statutes on records of seizure and lists of seizure;

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, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for the sentencing of Article 62-2 of the Criminal Act, including observation of protection and community service work;

1. Application of the sentencing criteria [Scope of recommending punishment] The basic area (referring to six months to one year and six months) of the theft against general property; and

2. The Defendant who made a decision to sentence sentence is bad before and after the crime, such as drawing C to the crime of this case and failing to make efforts to recover damage after the crime of this case.

However, it seems that the criminal defendant used stolen articles for several years, and the actual value seems to be lower than the amount of damage caused by the charge.

In addition, the defendant acknowledges the mistake in this court, and there are no criminal records of the same kind.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, sex, environment, details of the crime, circumstances after the crime, etc. is likely to have been reflected in the detention status between the two months, and all other factors of sentencing, such as the defendant's age