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(영문) 대전지방법원 논산지원 2013.07.12 2012고단525 (2)

특수절도

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant, B, C, and D (each judgment on July 9, 2013) were in mind to steal the leaves of bank trees, which are the victims G, which are planted in the F Elementary School playground located in E at the time of Bangladesh. On July 21, 2012, the Defendant and C, and D (each judgment on July 9, 2013), she was in the said playground by getting on and off a poter vehicle owned by D at around 16:34 on July 21, 2012, and she was prepared in advance using a saw and a stop and a stop and a stop, thereby breaking the leaves of bank trees at the market.

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

Summary of Evidence

1. Each legal statement of the defendant, B, C, and D;

1. Statement made by the police officer in G; and

1. Statement of a criminal investigation report (documents submitted to the victim);

1. Application of video-related Acts and subordinate statutes to photographs of field conditions (No. 4611 of the Criminal Investigation Records, No. 51 of 2012);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following circumstances specified in the grounds for sentencing):

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment: Imprisonment with prison labor for not less than six months to not more than five years (voluntary mitigation);

2. The sentencing criteria [Determination of types of punishment] the thieve group, the thieve group against general property (the scope of recommending punishment] mitigated area: Imprisonment with prison labor for a period of one month to six months: None of the factors of special aggravation:

3. Determination of sentence: Six months of imprisonment; and

4. Whether to suspend the execution: One year of the suspension of execution [main reasons for the suspension of execution]: There is no record of criminal punishment, and there is no negative negative result of punishment [general reasons for the suspension of execution]: The suspension of the execution of imprisonment with prison labor accompanied by community service order, such as the order, shall be sentenced within the scope of the recommendation, by comprehensively taking into account the above main reasons for the suspension of execution, general participation reasons, and all the circumstances revealed in the arguments in this case as seen earlier;