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(영문) 제주지방법원 2014.05.21 2014고단379
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 13, 2013, at around 13:00 on October 13, 2013, the Defendant solely committed a theft (thief) offense committed by the Defendant, using the gap in the victim D’s standard tree c, Hongcheon-gun, Hongcheon-gun, by using the gap in which the victim’s management was neglected, 60 of the market price, which was away from the standard tree, prepared in advance 50.

Accordingly, the Defendant stolen the property owned by the victim D by the foregoing method.

2. From Oct. 29, 2013 to Oct. 08:0, 2013, the Defendant used a gap in the victim G’s G standard tree acid located in the Gangseo-gun Hongcheon-gunF on the same day from Oct. 29, 2013, the Defendant used the difference in the victim’s management neglect, thereby putting his sexuallight prepared in advance, coming up with the standard as the steel straw, and E 74 kilograms away from the floor (on a market price of 26,400 won).

As a result, the defendant stolen the property owned by the victim together with the above E.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Summary statement of D;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act in relation to the crime, the choice of punishment, and Article 331 (2) and (1) of the Criminal Act (a point of special larceny);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Special larceny (Scope of recommending punishment) subject to the sentencing criteria: thief (Scope of recommending punishment) subject to the basic area (6 to 1.6 months) (limited to recommendation punishment) of category 2 (general larceny) subject to the basic area (6 to 1.6 months) (limited to recommendation punishment) of general property, and the basic area (4 to 8 months) (limited to a person who is a special person) subject to the aggravated punishment due to the aggravated punishment of multiple offenses against which no one exists: 6 months to 10 months;

2. The value of the stolen goods determined to be sentenced is not significant, the damaged goods was returned to the victim, and the victim D.

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