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(영문) 전주지방법원 2020.06.17 2019고단2237
특수절도
Text

Defendants shall be punished by imprisonment with prison labor for not more than ten months.

However, the above provisions are applicable to the defendants for two years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

around 16:00 on August 1, 2019, the Defendants entered the 1st straw box in the kart equivalent to KRW 109,00 in the market price of the victim’s 109,000, and the 1st straw box in the amount of KRW 10,000 in the market price of the victim’s 10,000, and the 1st straw box in the market price of KRW 10,000,000 in the kart, and Defendant A led the kart. Defendant B did not use the 1st straw box in the market price of KRW 22,90 and KRW 2,790,00 in the market price of the victim’s kpt, and Defendant B did not use the 1st straw box in the direction of the market price of KRW 1,790,00, and the 2,590,000 out of the knick.

Accordingly, the Defendants, together, stolen the property owned by the victim equivalent to the total market value of 186,870 won.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol against the Defendants

1. A written statement;

1. The application of the Acts and subordinate statutes governing motor vehicle photographs of CCTV images, stolen damaged goods, and damaged goods;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (referred to as the following grounds for sentencing):

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The following grounds for sentencing are considered as follows);

1. Defendants of the community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] of larceny in general property [the second category] general larceny [the scope of the recommended punishment]: the mitigated area of punishment [the scope of the recommended punishment], the reduced area of imprisonment for April to October [the scope of the recommended punishment revised according to the sentencing guidelines], the lower limit of the sentencing range recommended in the sentencing guidelines in June to October, 10, is inconsistent with the lower limit of the applicable sentencing range in law.

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