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(영문) 인천지방법원 부천지원 2015.04.30 2015고단427

특수절도등

Text

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

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

Reasons

Punishment of the crime

1. At around 12:00 on February 15, 2015, the Defendant: (a) placed a victim’s name and non-owned market value at the site of the construction of the sub-Yacheon-si C apartment at the site of the construction of the sub-Gu Socheon-si, Seocheon-si, Seoul; (b) placed a thief in a bank and stolen the thief.

2. Around 11:00 on February 27, 2015, the Defendant: (a) took advantage of the plicated 1 “Amans Ro-ro” (hereinafter “Amans Ro-ro”); (b) took advantage of the plicated 1, 200,000 won in cash owned by the victim D; (c) took 20,000 won in cash, which is owned by the victim on the top of the foregoing vehicle, and carried out a bank with five copies of hand bags, wall bags, spawd, and credit card.

Accordingly, the defendant stolen the victim's property by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the seizure record and list, site, and photographs of damage Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 331(2) and (1) of the Criminal Act that choose a punishment (the point of special larceny) and Article 329 of the Criminal Act;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

4. Article 62 (1) of the Criminal Act ( considered as follows).

5. On the grounds of sentencing in Article 62-2 of the Criminal Act for probation and community service order, crimes Nos. 1 [the scope of recommendations] for sentencing in Article 62-2 of the Criminal Act and crimes No. 2 (the scope of recommendations] for the theft of general property (the theft of stolen articles, etc. for four to eight months) with no basic area (the scope of recommendations] [the scope of recommendations] for general property [the scope of larceny] for types No. 1 (the theft of stolen articles, etc. for four to eight months] for the basic area (the special mitigation) [4 to eight months] for the theft of general property, or for non-a person who carries a punishment for any night (the special mitigation) or for causing any death or injury at night (the scope of final sentence following the aggravation of multiple crimes]: April to one year [the decision of sentence] for the victim D does not want to be punished, and the defendant reflects the defendant's fault in depth.