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(영문) 대전지방법원 2020.05.14 2020고단257

특수절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is B and her mother and female.

At around 13:09 on Nov. 24, 2019, the Defendant, together with B, stolen goods in total amounting to KRW 495,800, a total market price of eight times until December 25, 2019 by the same method, including two tropists, one megale, one paper-ware warehouse, and one toy, which were displayed at a different place, of the victim E, in a D pharmacy located in Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu.

As a result, the defendant stolen goods owned by the victim together with B.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination as to B;

1. Each E statement;

1. Application of the statutes to the head of a Gu where CCTV photographs, damaged objects photographs, receipts of each damaged object, damaged objects photographs, etc. in the course of committing a crime, and CCTV photographs of a DNA pharmacy-suspects take out drugs;

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 (the severe penalty for concurrent crimes committed on December 25, 2019)

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months, but not more than seven years and not more than six months;

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

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B. Since multiple crimes are three or more types of recommendations according to the standards for handling multiple crimes, 1/2 (3 months) of the upper limit of the range of sentences for other crimes and 1/3 (2 months) of the upper limit of the range of sentences for other crimes shall be set forth in the upper limit of the range of sentences for other crimes (6 months).