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(영문) 대전지방법원 2019.03.29 2018고단4756

특수절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

On May 29, 2013, the Defendant found DT-100 Orala set up by the victim C in Seo-gu Daejeon, Seo-gu, Daejeon, on May 29, 2013, and the Defendant and the name influence winner 1 reported to the network, and the name influence winner 2 was driving by walking to the city by using full fluence (one fluent son).

As a result, the defendant and the non-persons who received the name cards stolen the property amounting to KRW 1,500,000 managed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (excluding the E and F respective statements);

1. Statement to C by the police;

1. Report on occurrence (thief), report on internal investigation (number 13), recovery and report on cancellation of distribution of stolen vehicles (obane) and report on cancellation of distribution, investigation report (number 12, 32, 33), report on results of field identification, and confirmation of fingerprinting incidents;

1. Application of CCTV images to the CCTV images and the recovered dives photographic Acts and subordinate statutes;

1. Relevant Article 331 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter “the grounds for suspended sentence”)

1. The scope of punishment by law: Six months to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] thief on general property [Type 2] thief [the scope of recommendations and recommendations] general larceny [the scope of recommendations] / The basic area / the imprisonment with prison labor for six months to one year / six months / [the general person] - Where considerable damage has been recovered, serious reflective factors - Where two or more persons jointly engage in the reduction of sentence [the grounds for suspension of execution] - General pride reasons - there are no criminal records more than the suspension of execution, clear social relation, serious reflective factors, and participation as accomplices.

3. Determination of sentence: Imprisonment with prison labor for 10 months and suspended execution for 2 years, the crime of this case shall be deemed to have been stolen by the defendant in collaboration with the person in whose name the defendant has been killed.