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(영문) 서울서부지방법원 2016.10.19 2016고단2433

특수절도

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[Criminal Power] On February 7, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint attack) at the Seoul Western District Court on February 7, 2013, and the said judgment became final and conclusive on February 15, 2013.

【Criminal Facts】

At around 22:00 on January 18, 2013, the Defendant: B (the imprisonment of June 1, 2016, the suspension of execution of one year, June 9, 2016, and June 1, 2016) and the mountain apartment 2 front of the mountain apartment 44 in the salary fluorro, Sim-Eup, Simpo-si, Simpo-si. The Defendant reported the network around the Defendant, opened a door-to-face parking in the vicinity, and opened a door-to-face parking in the vicinity, without correcting the vehicle flussing the vehicle fluscing in the above vehicle flussscing, and carried one fluscing with the victim D owner of the said vehicle 320,000 won in total, and one fluscing with the driver’s license.

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

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspect B by the prosecution;

1. Written statements of D;

1. Before judgment: Application of Acts and subordinate statutes to criminal records, investigation records, investigation reports (related to latter concurrent crimes of Article 37);

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The defendant's crime of this case with the reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "the sentencing guidelines") is not applicable to the crime of violation of the Punishment of Violences, etc. Act (joint conflict) for which the judgment of the criminal records became final and conclusive, and the latter concurrent crimes of Article 37 of the Criminal Act.

The defendant recognized the crime of this case and divided his mistake, the amount of damage is not relatively large, the agreement between the victim and the accomplice B was reached, and the violation of the Punishment of Violence, etc. Act (joint conflict) of the Criminal Power, which has already become final and conclusive.