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(영문) 창원지방법원 마산지원 2015.02.11 2013고단629 (1)

특수절도등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. Special larceny C and D are placed in the place where a traffic accident has been granted to the other party, and they have stolen smartphones in order to prepare them, but they have been gathered by the defendant as a cycle.

Around 01:00 on February 1, 2013, the Defendant, C, and D were stolen by inserting a gallon, which is the market value of the above victim owned by the Defendant, located on his her callon, between the Defendant and C, and C, and D, using a gallon in order to dance by the victim G, while displaying stolen objects.

2. On January 1, 2013, the Defendant, while drinking alcohol, such as her friendship at the International Hophouse located in Changwon-si, Changwon-si, Masan-si, the Defendant, who carried a lethal weapon, she gets the victim's J (30 years of age) to a small-scale soldier, who is a dangerous object that may incur vision, twice his/her head and continuously her head to his/her main, and her head to the main room and put him/her into a dangerous object.

As a result, the defendant put the victim a two-day medical treatment that requires approximately 14 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning C and D;

1. Statement of the police statement to J;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Articles 257 (1) and 331 (2) and (1) of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of crimes, etc. committed);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation and community service order: On the grounds of sentencing under Article 62-2 of the Criminal Act, Type 1 (Assaults) (Extent of Recommendation): The special mitigation area ( September to February) (Special Mitigation Area): Minor Injury and No. 2 (Larceny of Recommendation) who is not subject to punishment [the scope of Recommendation]: Larceny of general property;