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(영문) 춘천지방법원 원주지원 2017.09.21 2017고단658

특수절도

Text

Defendants shall be punished by imprisonment for six months.

The execution of each of the above punishments shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 11, 2017, around 17:30, the Defendants decided to commit larceny around D in the vicinity of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the Defendant. Defendant B, by driving the EKaren vehicle, was in the front of the front of the front of the front of the front of the front of the front of the back of the back of the back of the back of the 19:40 on the same day, and the Defendant A, at around 19:40 on the same day, set up the said front of the back of the front of the G victim located in the F in

They have been in possession.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. G statements;

1. Response to a request for appraisal;

1. Seizure records;

1. Application of Acts and subordinate statutes, such as photographs of seized articles, list of vehicle moving routes, and photographs;

1. Article 331(2) and Article 331(1) of the Criminal Act on criminal facts

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommendations] of the suspended sentence (the grounds for sentencing of the Defendants) of the Act on the Suspension of Execution (the scope of punishment / [the persons who are subject to special sentencing] of the basic area (one to two years] (one year and six months) (the person who is subject to special sentencing] of the 4 types of larceny in general property. Although there is no systematic crime committed by non-compliance with the sentence, the Defendants do not have any history of criminal punishment except for fines once, and there is no history of criminal punishment except for the same crime, and there is no history of criminal punishment for the same kind of crime, damage is minor, and damage was returned to the victim, each of them shall be sentenced to a reduction of a small amount of punishment to lower the recommended punishment than the lower limit

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.