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(영문) 인천지방법원 부천지원 2016.04.28 2015고단3488

특수절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2015, the Defendant discovered the DCA110E Bab owned by the victim C, which was set up in the 46 KT parking lot no. 1:56 m., 03:40, Mapo-si, Mapo-si, Kimpo-si, and between E and E, the Defendant opened a connecting line under hand, and then boarded and driven it.

As a result, the Defendant, together with E, stolen the above 1,00 won of the market price, where the construction section is stored, such as a preference tester, light measuring instrument, etc. with a total of approximately KRW 500,000,000 in the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to photographs (list 5,13);

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection, and Article 59 of the Act on the Observation, etc. of Protection;

1. Scope of punishment: Imprisonment with labor for up to five years;

2. Two types of larceny (general larceny) in the area of mitigation (from April to October) (special mitigation factors) in the scope of punishment for general property, the scope of punishment for which is recommended, is not punishable;

3. The crime of this case is not good by committing the crime of this case in such a way that the defendant's life is not managed or controlled due to the circumstances favorable to the defendant (the confession, the serious reflectiveness, the first offense, and the other, the amount of damage is not significant, and the victim's punishment is not returned as it is) in favor of him/her, and circumstances unfavorable to him/her (the victim is not punished because he/she returned the stolen water as it is), and circumstances unfavorable to him/her (in combination with two or more persons, the nature of the crime of this case is not good; the record of juvenile protection, methods of committing the crime, and the circumstances of detention during

The sentencing factors mentioned in the instant case, together with the Defendant’s age, sex, living environment, and circumstances after the commission of the crime, shall be determined within the scope of the recommended sentence as ordered, taking into account all the sentencing factors specified in the instant case.