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(영문) 대구지방법원 안동지원 2014.11.14 2014고단674 (1)

특수절도

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

On August 6, 2014, at around 11:00, the Defendant and B entered the mountain field, which was cultivated by the victim D, in the Yancheon-gun, Gyeongyang-gun, Gyeongyang-gun, with a view to cutting down the mountain ginseng and the yellow ginseng cultivated therein, entered it into the mountain field, 12-year mountain ginseng 25 ppuri (total market amounting to 6.25 million won), 7-year yellow ginseng 35 ppuri (total market amounting to 400,000 won).

As a result, the defendant and B stolen the victim's property equivalent to the total amount of 6,50,000 won.

Summary of Evidence

1. Each legal statement of the defendant and B;

1. Statement made to D by the police;

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Reasons for the suspended sentence under Article 62 (1) of the Criminal Act / [the scope of recommending punishment] / [the grounds for the suspended sentence / [the scope of recommending punishment] / [the mitigated area (4 to 10 months)] mitigated area (4 to 10 months] mitigated area (special mitigation / [the decision of sentencing ] the value of stolen goods damaged by theft, the criminal records of the accused, and the fact that the victim agreed smoothly with the victim, etc.