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(영문) 인천지방법원 2018.11.02 2017고단7856

특수절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 26, 2017, around 06:30 on May 26, 2017, the Defendant conspiredd with B to discover and steals a bicycle owned by the victim E, which was installed without a correction device in front of the D Specialized rice store located in Bupyeong-gu Incheon Metropolitan City, and the Defendant reported the network in the vicinity, and the Defendant committed a theft of the victim’s bicycle by jointly gathering the above bicycle.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for B and E;

1. Reports and investigation reports (related to the analysis of CCTV in the course of committing a crime);

1. Application of the Acts and subordinate statutes related to the scene of crime, damaged bicycle photographs, and CCTV analysis photographs;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the type of punishment] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] in the basic area of the types 2 (Determination of the recommended area of general larceny] [the scope of the recommended punishment] [the scope of the punishment] from six months to one year and six months [the general sentencing person] - The mitigated element shall not have any history of criminal punishment - Where two or more persons are combined;

2. Whether probation is suspended [main reasons for consideration] - No negative damage: None positive: no criminal record (general reason) - positive: minor damage or no criminal record of suspended execution or heavier punishment;

3. The criminal defendant's crime of sentencing decision is deemed to have stolen the victim's bicycle, together with the criminal minor accomplice who became aware of through F, and the quality of the crime is not good in light of the risk of the method of the criminal act committed jointly by several persons;

The defendant did not keep his age from committing the crime against the accomplice, but rather committed the crime together with the network, so there is no possibility of criticism.

The victim agreed with the victim or completely restored the damage to the victim.

There is no extenuating circumstance to view.

The Korean Criminal Code is from 1 to 10 years for these crimes.