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(영문) 제주지방법원 2016.09.12 2015고단1137
특수절도등
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

1. On June 4, 2015, at around 05:00, the Defendant and C had a studio door at “Esing shop” located in D at Jeju, and in order to steals a cresh in which the F of the Victim F is locked, the Defendant reported a studio by a person in the vicinity, and C intruded into the studio No. 9.

Accordingly, the defendant and C violated the victim's rooms jointly.

2. Special larceny Defendant and C reported the network at the time and place indicated in the above paragraph 1, at the 9th studio in front of the room room as above, and C had a wall owned by the victim with cash of 137,000 won on the 9st studio table.

Accordingly, the defendant and C stolen the victim's property jointly.

Summary of Evidence

1. Statement of the defendant in the first trial record;

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

1. A written statement;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment, etc. of photographs of the scene of crime);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 319(1), 30 (Influence into rooms, choice of imprisonment), 331(2) and 331(1) of the Criminal Act (influence of special larceny);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for the suspended sentence") is the confession of all of the crimes of this case, the victim does not want the punishment of the defendant by mutual consent with the victim. Although the defendant has been subject to juvenile protective disposition twice due to the same crime, there is no record of criminal punishment, the defendant's age, sex, environment, degree of involvement in the crime, circumstances after the crime, and other various conditions of punishment as shown in the records and arguments of this case shall be considered.

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