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(영문) 수원지방법원 성남지원 2020.05.13 2019고단2611

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

On October 4, 2019, around 14:30 on October 4, 2019, Defendants: (a) committed a theft of the 11st century by putting the standard-form transmission away from the standard tree managed by the victim E in G, which is, as it is, the market price cannot be known.

As a result, the defendants stolen the property managed by the victim together.

Summary of Evidence

1. Application of the Defendants’ written acceptance of the B’s written statement

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] thief for general property [Class 1] thief [special stief] - mitigated elements: Reduction area of punishment [the scope of the recommended area and the recommended punishment], reduction area of punishment, imprisonment for one month through six months [the scope of the recommended punishment revised according to the sentencing guidelines] 6 months of imprisonment (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the minimum limit of the applicable sentencing type is in accordance with the law).

3. Determination of sentence: (a) the Defendants recognized the Defendants’ mistake; (b) the victims did not want to punish the Defendants; and (c) the victims returned all the damaged goods in the instant case; and (d) the Defendants did not have criminal power in the Republic of Korea; (b) the Defendants’ age, character and conduct, environment; (c) the motive, means and consequence of the instant crime; and (d) various circumstances revealed in the pleadings, such as the circumstances after the commission of the crime; and (c)