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(영문) 울산지방법원 2018.02.07 2017고단4172

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 September 25, 2017, at around 01:10 on September 25, 2017, the Defendant discovered that the victim D, who is the constructor, was posted at the site of the building construction of the building in Gyeyang-si, Yangsan-si, a de facto spouse B, and gathered to steals this.

The Defendant loaded a 18-board 252,00 won at the market price of the victim owned by the Defendant, and the Defendant used the network next to it, and the Defendant operated the above truck along with B, and left it.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Written statements of D;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Reduction of a small amount (referring to the advantageous part of the reasons for sentencing as follows) under Articles 53 and 55(1)3 of the Criminal Act

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

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

1. The basic area (from April to August) of the sentencing criteria [the scope of recommended punishment] for the theft of general property and the basic area (the theft, such as abandoned water, etc.) (no person subject to special sentencing)

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

It is not good that the nature of other person's goods without any awareness of any particular crime has been used to keep the other person's goods, which were not agreed with the victim without any awareness of any particular crime, that there was no previous conviction that the stolen goods were returned to the victim, and that there was no record of the crime exceeding the fine, and that there was no record of the crime.