beta
(영문) 울산지방법원 2016.04.18 2015고단2258

특수절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 21, 2015, the Defendant was sentenced to a suspended sentence of two years and a fine of 300,000 won on April 29, 2015, in the support in Ansan Fagwon, for special larceny, etc., and was finally decided on April 29, 2015.

1. On January 25, 2015, at around 05:50 on January 25, 2015, the Defendant discovered one unit of CA110S Orababababa in the market price equivalent to KRW 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

Accordingly, the defendant stolen the above Oral Ba together with C.

2. On January 27, 2015, at around 04:00 on January 27, 2015, the Defendant discovered a single unit of CA110 Oba, the market price of the victim H owned by the Defendant in front of the Nam-gu Incheon, Nam-gu, Incheon, and the Defendant saw 1,000 Oba, which was in possession, as the key of the Obaba in advance, and F driven the above Oba.

Accordingly, the defendant stolen the above Oral Ba together with F.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police officer against C or F;

1. Each written statement of E and H prepared;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes (23) of investigation reports;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. 집행유예 형법 제 62조 제 1 항( 판시 확정된 판결과 함께 선고 받을 수 있었고, 확정판결의 범죄 내용과 이 사건의 내용이 유사한 점, 그 밖에 기록과 변론과정에 나타난 피고인의 전과 관계, 나이, 피해 규모 등 여러 정상 참작) 양형기준 : 징역 6월 ~ 2년 3월 ☞ 각 일반 절도 기본영역( 징역 6월 ~ 1년 6월 )으로, 다수범죄처리기준이 적용됨

1. Protective observation and community service order under Article 62-2 of the Criminal Act;