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(영문) 수원지방법원 2017.05.23 2017고단431

특수절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On October 21, 2016, at around 13:55 on October 21, 2016, the Defendant, along with C, was living around the parking lot for the first floor of the unit D apartment in Suwon-si, Suwon-si, and C, with a view to reporting the network, and C, with a view to having the victim E, who was parked in the above parking lot, was driving the above 1,260,000 won of the market price, which is the victim E, who was the victim E, who was parked in the above parking lot, with a view to full capacity (one-time son).

Accordingly, the defendant stolen the victim's property together with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. E statements;

1. Application of the Acts and subordinate statutes on site photographs, damaged photographics, and photographic materials taken on black stuffs;

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

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

1. Basic area (from June to June) of the thieve category (general larceny) of the thieve category in application of the sentencing criteria;

2. Circumstances favorable to the accused shall be as follows:

The defendant is deeply divided into and reflected in the crime of this case.

The defendant played a role in viewing the network at the time of the crime of this case, and the degree of participation in the crime is weak compared to C, who is an accomplice.

The value of the defendant's theft is relatively small.

The defendant has no previous convictions of imprisonment.

Circumstances unfavorable to the defendant are as follows:

The Defendant was sentenced to imprisonment with prison labor for eight months for a violation of the Punishment of Minor Offenses Act in 2016, and was sentenced to two years of suspended sentence, and committed the instant crime during the suspended sentence period.

The defendant has been punished by a fine for violation of the Guarantee of Automobile Compensation and the Punishment of Violences, etc. Act during the period of the suspension of execution.

Defendant has been subject to juvenile protective disposition several times due to theft crimes.

The defendant did not reach an agreement with the victim.

D. The above circumstances are as follows.