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(영문) 서울중앙지방법원 2016.01.21 2015고단7739
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[2015 Highest 7739] On June 16, 2015, the Defendant, along with B and C, found Franchising car owned by the victim E, who was parked in the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government House without a door unlocked, and reported B and C network, and the Defendant opened a car door and opened a car door, and combined with C and B during the period of eight times as indicated in the attached crime list from June 16, 2015 to June 02:40 of the same day.

[2015 Highest 8136 [Attachment 8136] The Defendant, together with G, H, and name influor, found a car owned by the victim with no locking on the road near the 3rd region of Dongjak-gu Seoul Metropolitan Government, from June 6, 2015 to 04:00 on the same day, and found the car parked and owned by the victim due to the non-use of the name influor. The Defendant, the above H, and the name influor, reported the network. The Defendant, and the above G opened a car and opened a door for the car, and cut off the property of the victim by combining it with G, H, and name influor.

Summary of Evidence

[2015 Highest 7739]

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect B by the prosecution; and

1. Copies of the protocol concerning the examination of suspect of the police against G, I, J or C;

1. Each statement of K, L, E, M, N, andO;

1. Each protocol of seizure and list of seizure [2015 high order 8136];

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G or H;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 331 (2) and (1) of the Criminal Act concerning the relevant criminal facts and the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The reasons for sentencing under Article 62-2 of the Criminal Act are confessions and reflects, and damage is minor.

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