beta
(영문) 수원지방법원 안산지원 2013.05.30 2013고단933

특수절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special larceny Defendant and D against the victim C came to have been on the front road of Ansan-si, Sinsan-si, on December 23, 2012, 203:30, and D reported to the network, and the Defendant, who was parked therein, stored the door door in advance prepared and possessed in the key to the driver’s seat of Frop car driving car, which is owned by the victim C, and had 2,500 won as the victim owned by the victim after the cancellation of the corrective device.

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

2. The Defendant and D, who attempted to commit special larceny against the victim G, have reached the road front of the Dong-gu, Ansan-si, an Ansan-si, at around 03:40 on the same day as that set forth in the preceding paragraph, and D had attempted to steal the property by opening the ties of the victim G, which were parked therein, in the same manner as that set forth in the preceding paragraph, but did not have any stolen object.

3. A special thief Defendant and D against the victim J came to have been on the road in front of the Dong-gu, Ansan-si, an Ansan-si, at around 03:55 on the same day as the preceding paragraph, D has reported the network, and the Defendant had 3,000 won per annum, in the same manner as the preceding paragraph, a bit of a bitle vehicle in the victim J parked.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Examination protocol of police suspect regarding D;

1. C’s statement;

1. Seizure records, relevant photographs, and each investigation report;

1. Application of statutes to inquiries about criminal records, etc.;

1. Articles 342 and 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the amount of damage is insignificant and all other circumstances, such as the fact that the defendant is a minor who has repented his mistake in depth);

1. Suspension of execution of the crime of this case under Article 62(1) of the Criminal Act