특수절도
2018 Highest 41 Special thief
1. A 94. Symar
2. B, South 94. Raw Sheon
Madin (Lawsuits) Madin (Public Trial) Badin
Attorney C (Court-Appointed for the Defendants)
May 11, 2018
Defendant A shall be punished by imprisonment with prison labor for six months and by imprisonment for six months.
However, the execution of the above punishment against the defendants shall be suspended for one year from the date this judgment became final and conclusive.
To order the defendant A to be put on probation.
Criminal facts
Defendants on November 12, 2017: around 18, 2013: Z natural liveers in the operation of the Victim E in Ulsan-gu, Ulsan-do.
In front of the sales store No. 1, the victim's market price of 105,00 won is found, and 2 mar is found, the victim's market price of 105,000 won is found, and the other defendant B reported the neighboring network, and the defendant A divided one mar by one mar, after maring the marb from sunrise.
Accordingly, the Defendants jointly stolen the victim's property.
Summary of Evidence
Omission
Application of Statutes
1. Relevant Articles of criminal facts;
Article 331(2) and (1) of the Criminal Code
1. Discretionary mitigation;
Articles 53 and 55 (1) 3 of the Criminal Code
1. Suspension of execution;
Article 62 (1) of the Criminal Code
1. Probation order;
Defendant A: Article 62-2 of the Criminal Act
Reasons for sentencing
【Determination of Type】
The thief Act on General thief in Case of the thief.
【Special Convicted Persons】
- Mitigation elements
Defendant B (Defendant B)
【Determination of the Place of Recommendation】
The mitigation area (Defendant B) and the basic area (Defendant A)
[Scope of Recommendation Form]
From April to October (Defendant B), June to June (Defendant A) (Defendant A)
【General Adopteds】
- Aggravations
Where there are two or more persons jointly;
【Suspension of Execution】
- Major reasons: positive
Defendant B (Defendant B)
- General participation reasons: positive
Minor Damage
There is no criminal record of probation or heavier;
【Determination of Sentence】
In addition to the above sentencing factors, the punishment power of each defendant and the attitude of reflectivity shall be considered.
Judge Lee Bo-young