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(영문) 대전지방법원 천안지원 2014.01.27 2013고단853 (1)

특수절도

Text

Defendants shall be punished by imprisonment for six months.

except that 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 is a person who lives in a astronomical basin.

The Defendant and the Defendant and the upper Defendant C have stolen the air conditioner out of the air conditioner room and use it for living expenses, etc. on April 21, 2013, and around 01:39 on April 21, 2013, at the open space, C used the “F” operated by the victim E in Dong-gu, Nam-gu, Dong-gu, Incheon, and then C used the said out air conditioner in preparation for five million won in total at the market price of the victim’s possession. The Defendant carried out the said air conditioner by leading the said air conditioner.

Accordingly, the defendant stolen the victim's property together with the defendant C.

Summary of Evidence

1. The legal statement of the defendant and the ordinary defendant C;

1. Each E statement;

1. Application of each statute on photographs;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant was not present after the crime of special larceny of this case and did not endeavor to recover from damage, etc., due to unfavorable circumstances or the fact that damaged items were returned to the victim, there was no record of severe punishment except for the criminal records of minor fines, and the Defendant’s age, environment, etc. shall be determined as the sentence as ordered in consideration of various circumstances.