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(영문) 수원지방법원 평택지원 2016.07.12 2016고단1026
특수절도
Text

Defendants shall be punished by imprisonment for four months.

However, the enforcement 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

On September 29, 2015, Defendants and D (Suspension of Prosecution on June 22, 2016) came to front of a type-type motor vehicle (racker type) owned by the victim E, which is installed in the course of safe and smooth unloading of 3:00 on September 29, 2015, Defendant B did not put money, and operated a flag board by inserting hand on the lower part of the machinery, and Defendant A and D used game with approximately KRW 15,00,000 in total market value owned by the victim by extracting goods.

Accordingly, the defendants stolen the victim's property together with D.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of juvenile offenses (Defendant B) Articles 2 and 60 of the Juvenile Act, Article 55(1)3 of the Criminal Act

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Determination on the application of sentencing guidelines for reasons of sentencing under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act: The scope of recommending sentencing guidelines for the reasons of sentencing under Article 60(3) of the Juvenile Act: consideration of all circumstances, such as the fact that the age of the O Defendants is the mitigated area (from April to October) of type two (general larceny) in the mitigation area (from April to October) of general property;

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