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(영문) 대전지방법원 천안지원 2016.04.15 2014고단1696 (2)

특수절도등

Text

The punishment of the accused shall be set forth in six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant, C, and D (hereinafter referred to as “Defendant, etc.”) conspired to sell goods that can be stolen and used from the market, etc. during late night hours by iceing the collection of solid goods and returning to the market.

On July 23, 2015, around 01:30, the Defendant et al. displayed the goods to be stolen at the “F market” located in Nam-gu, Southern-gu E, Seoul, and discovered a large 800,000 won of the market value, which is the victim G, and moved the goods to the knick prepared in advance, and then cut them by leading the knick.

Accordingly, the defendant et al. stolen the victim's property jointly.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. G statements;

1. Reporting on occurrence of a disaster;

1. Application of statutes on field CCTV-cinematographic data;

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 ( considered favorable circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act ( considered favorable circumstances among the grounds for sentencing) of the suspended sentence;

1. Application of the sentencing guidelines [Types of Determination] Application of the sentencing guidelines for the larceny against general property - [Determination in the sphere of recommendation] Basic Area / [Scope of recommendation] April to 8 of the scope of punishment / [general sentencing person] - Reduction element : None of criminal punishment / Where at least two combined persons are combined [main reasons for suspension of execution] - No positive records of criminal punishment / None of criminal punishment - No positive records of criminal punishment / [main reasons for suspension of execution] - There are no positive records of criminal punishment - No positive records of punishment : minor damages, no criminal records of suspended execution or more, and the defendant's health status is very good;

2. In full view of the circumstances indicated in the records of the instant case, such as the sentencing factors and extenuating circumstances, the Defendant’s age, sex, environment, and details of the commission of the crime, the sentence as ordered shall be determined.