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집행유예
(영문) 울산지방법원 2018.5.11.선고 2018고단41 판결

특수절도

Cases

2018 Highest 41 Special thief

Defendant

1. A 94. Symar

2. B, South 94. Raw Sheon

Prosecutor

Madin (Lawsuits) Madin (Public Trial) Badin

Defense Counsel

Attorney C (Court-Appointed for the Defendants)

Imposition of Judgment

May 11, 2018

Text

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.

Reasons

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.

Judges

Judge Lee Bo-young