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(영문) 인천지방법원 부천지원 2016.05.25 2016고단828

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 8, 2016, around Kimpo-si, 20:05, at the time of the victim E operation “F” in Kimpo-si, Kimpo-si, and entered the above body, and cut off in advance the above body, which was kept on the above body, approximately KRW 2,00,00,000 at the market price of 70 kilograms of old-ri electric wires owned by the above victim, which were kept on the above body, and then cut off to the appropriate size. The defendant Gap saw off the old-ri electric wires installed on the above body, and the defendant Eul laid off them outside the above body and loaded them onto the Gpo-ri truck which was parked outside the above body.

Accordingly, the Defendants jointly stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in which statements made by the police in relation to E are recorded;

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

1. Reduction of a small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended punishment] 4 types of theft in general property [the special mitigated person] [the (4) types] in the area of special mitigation (4 to 1 year and 6 months] , and the nature of the crime of this case is not good, but it appears that the defendants led to the confession of the crime of this case and the misunderstanding of their mistakes. The defendants reached an agreement only with the victim and the defendants, and the value of the stolen goods which the defendants stolen, etc., shall be comprehensively taken into account the circumstances under Article 51 of the Criminal Act, such as the sentencing guidelines, to determine the punishment as ordered within the scope of the recommended punishment.