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Reasons
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(영문) 창원지방법원 통영지원 2016.02.17 2015고단1124
특수절도
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On July 27, 2015, the Defendant conspiredd to steal C, D, and Oralba in the B B lending parking lot at a macro-si B lending on July 27, 2015.

Accordingly, C and D reported the network on the entrance side of B B B lending, and the Defendant sticked the kiki in a kib, which was in possession of the Defendant, to the kids, and continued to go up until the end, the market price of the victim E in the above B lending parking lot was KRW 1,00,000,000, and 125,000,000 won.

Accordingly, the Defendant, together with C and D, stolen the victim's erroneous part.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Statement made by the police for E;

1. Each statement;

1. Application of the protocol of seizure and the statutes on the list of seizure;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the mitigated area (4 months to 10 months) of the mitigated area (the general larceny) for the general property;

2. Determination of sentence - Unfavorable circumstances: A juvenile protective order and observation for the same kind of crime;

(k) favorable circumstances: the damaged goods have been returned, the injured party also does not want punishment, and the injured party reflects that they do not want to be punished;

In this regard, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, and circumstances after the crime, shall be taken into consideration, and the defendant's punishment shall be determined and the protection observation shall be added with the risk, reflectiveness, and reflective reflection.

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