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(영문) 울산지방법원 2018.04.04 2017고단4361

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 June 2017, the Defendant and C used ‘F' business operated by the victim E in Ulsan-gu, Ulsan-gu, 2017 for the reason that the victim was locked after the victim assumed the obligation to C, and stolen resident registration certificates, credit cards and bank security cards issued by the victim, 16 books, 5 books, 10 books, 10 pages, 10 pages, loan certificates and process certificates, etc. on the part of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E;

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

1. Reduction of volume (see, e.g., favorable circumstances for sentencing) under Articles 53 and 55(1)3 of the Criminal Act

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., the circumstances favorable to the following grounds for sentencing)

1. The sentencing guidelines [Scope of Recommendations] Special mitigated area (4 months to one year and six months) (special mitigated person] [4 months to one year and six months] of general property, in cases where there are particularly extenuating circumstances in the participation in the crime, and intrusion into places other than indoor residential spaces (four types);

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:

A favorable circumstances: A poor quality of the crime, such as attempting to recover the claim by an unlawful method, is being committed in a case where there are any circumstances that may be considered in the motive leading to the crime that led to the return of all the damaged items, which led to the confession and in depth: