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(영문) 대전지방법원 홍성지원 2016.08.09 2015고단664 (1)

특수절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 B moved 1 and 2 iron plate (10km) in the victim D's house located in Hong-gun Hong-gun, Hongsung-gun, the victim's absence became more than the victim D's house, and the victim D's market price stored in the said house M's house was 50,000,000 won.

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

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. Each police statement made to D or E;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter, the grounds for the suspended sentence) / [the scope of the recommended sentence] / The basic area (one to one to half years of imprisonment with prison labor) (one to one to half months) of the Act on the thief for general property / None of the persons who are subject to special sentencing] / The sentence shall be determined as per the disposition by taking into account all the conditions of the sentencing as shown in the records, including the following circumstances and the defendant’s age, sex, environment, circumstances before and after the instant crime, and the circumstances before and after the instant crime.

Unfavorable circumstances: The first offender, the proposal B, the profits acquired by the crime of this case, the small amount of KRW 5,000, the actual value of the stolen articles used for several years and the actual value of the stolen articles seems to be lower than the amount of damage under the charge.