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(영문) 춘천지방법원 2013.05.16 2013고단248

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above punishments shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 26, 2013, at around 13:30, the Defendants conspired to steal the gold bar in a PC room where it is difficult to know the trade name in the central road of Chuncheon City, Chuncheon City, 2013, after entering a gold room and showing it, and then leaving a pipe.

피고인들은 2013. 2. 26. 19:25경 춘천시 E에 있는 피해자 F이 운영하는 G에 이르러 함께 점포 안으로 들어가, 각자 반지 1개씩을 보여달라고 한 후 손가락에 낀 상태에서 피고인 B이 피고인 A의 팔을 툭 치는 것을 신호로 그대로 도주하였다.

Accordingly, the Defendants, together, stolen two gold bars equivalent to the total market value of 1.4 million won.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

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

1. Relevant Article 331 (2) and (1) of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence; and

1. Imprisonment with prison labor for not less than six months but not more than five years;

2. The scope of recommendation according to the sentencing guidelines [decision of types of punishment] the general larceny [special convicts] - source of mitigation [decision of mitigation area] [the scope of recommendation area] mitigation area] / [the scope of corrected recommendation range] from 6 months to 10 months from 6 months from 10 months from 6 months from 6 months (the lowest limit of punishment is higher than the bottom of recommendation punishment under the law, so the minimum limit of punishment is higher than the bottom of recommendation punishment under the law, so the main reason for suspended execution] - The main reason for suspended execution is whether there is no positive criminal punishment (including serious efforts for recovery of damage or recovery from damage) - The reason for suspension of execution is minor and serious half of that positive damage [the general person] - there is no serious anti-rape criminal punishment in case where damage has been recovered from considerable part of mitigation factors - at least 2 aggravated factors.