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(영문) 대구지방법원 2015.08.27 2015고단2695

특수절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant conspiredd to steal bicycles together while she was b, C, and D, which were boomed with the same line.

On June 1, 2015, the Defendant: (a) around 00:05, sent to, around 00:05, two bicycles in the market price of the victim F and G, which had been corrected in the apartment entrance.

Accordingly, the defendant stolen the victims' property jointly.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against C, D, or B;

1. A written statement of F and G;

1. Application of statutes, such as site photographs;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act [the scope of recommending punishment] The minimum of recommending punishment shall be deemed six months in imprisonment, since the mitigation area (4 to 10 months) of the mitigation area (4 to 10 months) of the mitigation area (special larceny] of punishment (special mitigation), the minimum of sentencing under the law that no punishment is applied for six months.

[Determination of sentence] The defendant's first proposal to commit the crime of this case against his accomplice, etc. is highly likely to commit the crime of this case, and the fact that the defendant has the same criminal power is disadvantageous to his accomplice.

However, the victims expressed their intention not to be punished against the defendant because all of the damaged articles were recovered, and the defendant committed the crime in this case, and there is no other criminal record except a fine once, and the defendant's age, character and conduct, intelligence and environment, motive or circumstance of the crime, means and result of the crime, etc. shall be determined as ordered in consideration of all the conditions of sentencing, such as the circumstances after the crime.