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(영문) 대전지방법원 천안지원 2016.06.10 2014고단1696 (3)

특수절도등

Text

The punishment of the accused shall be set forth in six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant, C, and D (hereinafter referred to as “Defendant, etc.”) conspired to sell goods that can be stolen and used from the market, etc. during late night hours by iceing the collection of solid goods and returning to the market.

On July 23, 2015, around 01:30, the Defendant et al. displayed the goods to be stolen at the “F market” located in Nam-gu, Southern-gu E, Seoul, and discovered a large 800,000 won of the market value, which is the victim G, and moved the goods to the knick prepared in advance, and then cut them by leading the knick.

Accordingly, the defendant et al. stolen the victim's property jointly.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the witness C in part of the 14th public trial record;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. G statements;

1. Reporting on occurrence of a disaster;

1. Application of statutes on field CCTV-cinematographic data;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [Determination of Type] 1 (Determination of the territory of recommendation), basic area of theft against general property [Determination of the territory of recommendation] / [Scope of recommendation] 4 to 8 months / [general sentencing person] - Where two or more persons are combined [main reasons for suspension of execution] - No negative damage is recovered (general reasons for suspension of execution] - positive damage is minor.

2. In full view of the various circumstances shown in the instant trial, including the sentencing factors and the reasons for the above sentencing, the degree of the defendant's participation in the crime, the criminal punishment records, age, sexual conduct, environment, and circumstances revealed in the instant trial, the sentence as ordered shall be determined.