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(영문) 인천지방법원 부천지원 2014.05.08 2014고단612
특수절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On March 20, 2014, at around 04:08, the Defendant: (a) carried the cell phone agent of the victim D'E operated in Changwon-si, Changwon-si; (b) carried the door door door-to-door door-to-door, which was prepared in advance, into the agency; and (c) took a theft by putting 17 smartphones, which was prepared in advance, in a total amount of 13,047,100 won of the market value of the victim-owned in the display site, including S4 mini Smartphone, in the event of galle-gu whose market value is equivalent to KRW 517,00,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Article 331 (1) of the Criminal Act applicable to the crime;

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order [decision of type] Aggravation of intrusion theft [Special Aggravation of Aggravation] among the thief crime group: Where intrusion theft (special ductive person): In cases of intrusion into places, other than night-time crimes and indoor residential space (general duc person): Where significant damage has been recovered: The same and mitigated factors: In cases where significant damage has been recovered, serious half [the scope of sentencing] from August to June (1) / [the scope of sentence] positive half [the scope of suspended sentence]: A negative effect that living type crime, serious reflectness, and Defendant's health is very poor: Intrusion into night-time damaged buildings, etc., and two or more suspended sentence or more times, it is so decided as per Disposition on the grounds of criminal records or more

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