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(영문) 인천지방법원 2020.05.08 2019고단8027
특수절도
Text

Defendants shall be punished by imprisonment for six months.

except that the execution of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 3, 2019, at around 18:00, the Defendants laid down 6 remote areas equivalent to 360,000 won in the market price owned by the victims' C apartment occupants' representative association in storage of the C apartment underground floor of Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, and laid down 46,00 won in the D's representative car owned by Defendant A.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on site photographs;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Defendants subject to suspended sentence: The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for sentencing”)

1. Six to five years from the date of imprisonment with prison labor for a range of punishment imposed by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A theft in general against general property (type 2), the type of which is decided thief;

(b) The scope of recommendations and the basic area of recommendations (one to half years of imprisonment);

3. In light of the fact that the value of the damaged goods in the judgment of the sentence was relatively high, the damaged goods were recovered to the victim immediately after the crime was committed, and the Defendants showed the attitude of recognizing and opposing the crime of this case, the court shall take the measures to suspend the execution against the Defendants. However, the court shall comprehensively take into account all kinds of sentencing conditions and the scope of recommendations given in the arguments and records of this case, including the defendants' age and behavior environment, relationship with the victim, motive means of the crime, results in the crime, circumstances after the crime, etc., and the scope of recommendations given in

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