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(영문) 서울서부지방법원 2019.11.29 2019고단1281 (1)

특수절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The Defendant and B drive the Oralba C, and the Defendant saw that the Oralba, set up on the way to walk along the back seat, has taken a theft when he finds it.

Around 04:00 on October 8, 2018, the Defendant and B found that he had a fitness in the Oba, set up in the Yongsan-gu Seoul Metropolitan City D market, and that the Defendant had one flicklllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll

Accordingly, the Defendant, together with B, cut off the health boars in total at a total of eight times from that time until 11:08 of the same day, as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement B in the first trial record;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Each statement of E and F;

1. Application of the records of seizure and the list of seizure, and the photograph of seized articles;

1. Article 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes of paragraphs 1 through 3 (Determination of Punishment) (special thief). < Amended by Act No. 1038, Jan. 1, 01; Act No. 10604, Feb. 23, 201>

(b) Scope of recommendations according to the standards for handling multiple crimes: Six to two years of imprisonment (one-two years of the upper limit of the second crime).

3. It is a crime under the period of suspended sentence; and

(At present, the range of probation is limited to the degree of probation: Provided, That the attitude of the accused to reflect on his criminal conduct is recognized.