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(영문) 대구지방법원 김천지원 2019.08.22 2019고단439
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 2019, the Defendants entered the studio 3th floor in the non-studio near the cudio in the Gu-Si, Gu-Si, Si-S. on the first and second order of January 2019. The Defendants, together with 12 times in total from the time until the end of January 2019, stolen the 12 books owned by the victims, consisting of 908,130 won in total, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of D, E, F G, H, I, J, and K;

1. Each report on the occurrence (thief), each internal investigation report, on-site photograph, damaged photograph, etc., investigation report (for criminal conduct and escape, track image images, CD attachment), CCTV photograph, investigation report (for example, with respect to damaged goods and sellers of damaged goods), L Posting photograph, investigation report (for specific suspects), investigation report (for attachment of photographs of the scene of voluntary submission of seizure of the M building No.N.), photograph, investigation report (for attachment of seized goods), photograph, investigation report (for attachment of photographs of the scene of seizure of the M building), seized objects, photographs, on-site photograph, CCTV, site photograph, scene photograph, scene photograph, scene photograph, scene photograph, scene photograph, etc., internal investigation report (for the verification of CCTV within convenience), CCTV photograph, etc., stolen objects, photo, investigation report (for the investigation of the scene of accompanying goods), investigation report (for the investigation of the suspect), investigation report);

1. Application of Acts and subordinate statutes to each protocol of seizure and each protocol of seizure;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants on probation: Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 333(1) of the Criminal Procedure Act for the return of victim;

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Special thief) (Determination of thief).

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