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(영문) 서울중앙지방법원 2014.01.28 2013고단7342

특수절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 03:41 on January 5, 2013, the Defendant and C found a G car owned by the Defendant as a collateral from the victim E to the first floor parking lot of the building adjacent to the Gwanak-gu Seoul Special Metropolitan City DD building. The Defendant, using the vehicle auxiliary heat in his possession, opened the front entrance of the driver’s seat and boarded it, followed by the start-up operation. C was 2.4 million won in cash owned by the victim H, which was kept at the front seat of the car, and her driver was driven by the vehicle.

As a result, the Defendant, together with C, stolen a vehicle owned by the victim E and a cash of KRW 2.4 million owned by the victim H.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Application of statutes on motor vehicle registration certificates;

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. As to the suspended sentence under Article 62 (1) of the Criminal Act;

1. Sentencing and recommending type of punishment: The range of recommending type of larceny that no person exists for general larceny: Imprisonment for six months or one year and six months (basic area): Where considerable damage has been recovered (requirements for mitigation), where the reason for suspension of execution is comprehensively compared and assessed - The reason for suspension of execution is comprehensively compared and assessed - The reason for suspension of execution (including serious effort to recover from personal damage or recover from damage) - The reason for general pride is clear of social relation and serious reflectiveness;

2. Eight months of imprisonment with prison labor and two years of suspended sentence;