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(영문) 대전지방법원 천안지원 2016.09.22 2016고단834 (1)
특수절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant from January 3, 2016 to the same month.

4. Between around 00:30, from the “E” of the victim D’s operation in the south-gu Seoul Metropolitan City of Y, F, G, and H that were loaded on F F’s poterte car by stealinging scopic and electric wires from the “E” of the victim D’s operation in the south-gu Seoul Metropolitan City of Y, and only from the astronomical middle school in the south-gu, Southern-gu, Y.

In addition, together with these E, the victim's copper, etc. was stolen from the victim's possession, and immediately with F, G, H, and the victim's electric wires, etc., which amounting to 1.850,000 won in total, including the market price of 350 km in the victim's possession, and electric wires, etc., owned by the victim of the above E, were loaded into the victim F's car on two occasions.

Accordingly, the defendant stolen the property owned by the victim together with F, G, and H.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against the accused, F, H, I, and G;

1. Each police statement made to J and K;

1. Written statements of D;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended punishment] 4 types of theft in general property (the fourth to one year) / [the special mitigated person] in the area of special mitigation (the fourth to one year) / (the fourth type), in the case where the defendant intrudes into the place other than the indoor residential space, (the decision of sentencing] / the non-execution of punishment [the decision of sentencing] is the first offender of the defendant, and the defendant agreed smoothly with the victim, and other circumstances should be taken into account after the crime.

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