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(영문) 춘천지방법원 원주지원 2015.12.09 2015고단913

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive, Defendant A.

Reasons

Punishment of the crime

On October 2, 2015, the Defendants conspiredd to steals goods, such as coffee, at around 12:00, to steal them. At around 13:00 on the same day, the Defendants had been displayed in the store using the gaps in which the surveillance of the victim G was neglected, and had the goods equivalent to the total market value of KRW 137,440, such asphones and coffee, put them into the bank of the Defendants.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. G statements;

1. Report on investigation (where witnesses of a crime committed by a scare H), application of CCTV-related Acts and subordinate statutes;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants on probation: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than six months but not more than five years;

2. Application of the sentencing criteria (Defendant A);

(a) Determination of types: thief; thief for general property; and thief for general property;

(b) A special breeder: No person;

(c) Scope of recommendations: Basic area, four to eight months (Defendant B);

(a) Determination of types: thief; thief for general property; and thief for general property;

(b) Special convicts: Reduction elements - No punishment sources;

(c) Scope of recommendations: Reduction area, between six months;

3. Determination of sentence;

(a) Defendant A: Imprisonment with prison labor for six months and suspended execution for two years (including the past record of the same kind of crime, the fact that the damaged article was recovered, and the fact that the injured party did not receive a letter of intent);

(b) Defendant B: Imprisonment with prison labor for six months and one year of suspended execution (in consideration of the preceding sentence of a fine for the same kind, the victim's intent not to punish, and other factors);