beta
(영문) 부산지방법원 2018.03.29 2017고단6228

특수절도

Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

피고인들은 쌍둥이 형제 사이로, 자전거를 절취할 마음을 먹고 그 대상을 물색하던 중 2017. 9. 23. 21:16 경 부산 금정구 수림로 72번 길 146( 구서 동) 새 천년 골드 밸류 빌 아파트 지하 주차장에서 자전거 보관 대에 있던 피해자 C 소유의 시가 30만 원 상당의 삼천리 MTB 자전거 1대, 시가 61만 원 상당의 삼천리 첼로 로드 자전거 1대를 발견하고 이를 각각 타고 갔다.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (on-site investigation) and a report on investigation (in cases of attaching images to the site and CCTV closure photographs);

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 for mitigation of a small amount (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 9

1. Article 62(1) of the Criminal Code of the Suspension of Execution (The following factors are repeated for the reason for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to June) of the basic area of the theft against general property (the general larceny) (the person who has no special sentencing factors)

2. The defendants, who were sentenced to the sentence, are a university student temporarily in college, are able to repent their mistakes in depth, and the victim's bicycle, which is the damaged product, has returned to the victim. However, the defendant A has the record of being sentenced to a fine for each of the crimes of violation of the Road Traffic Act (driving of alcohol), violation of the Resident Registration Act, violation of the Punishment of Violences, etc. (joint bodily injury and joint assault) and violation of the Act on Punishment of Violence, etc. (joint bodily injury and joint assault) in addition to the attempted larceny, violation of the Road Traffic Act (unlicensed driving), violation of the Road Traffic Act (unlicensed driving), and violation of the Resident Registration Act, and it has the record of being forwarded to the Juvenile Department by larceny.