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(영문) 수원지방법원 2021.03.31 2020고단7959
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2020, at around 04:34, the Defendants: (a) discovered one bicycle owned by the victim E, who was installed in the bicycle storage room near the building D in Suwon-gu, Suwon-si; and (b) conspired to steal it; (c) Defendant A parked in a pelf near the above apartment complex.

The Fcelltop car is moved to the entrance, and Defendant B used a cresh in the vicinity of the entrance and moved the 1.2 million won of the market price, which is the victim's possession, to the above car by getting a green bicycle for Korea, and the Defendants, together with the above bicycle, moved the bicycle to the troke of the car.

As a result, the Defendants committed a theft of another's property jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Application of the statutes on CCTV image analysis photographs, such as field photographs;

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

1. Reduction of a small amount (the Defendants) Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing)

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act (the grounds for the following sentencing) (the Defendants are considered as favorable among the grounds for the suspended sentence)

1. The scope of punishment by law: Imprisonment for six months to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 2] general larceny [type 2] general larceny [the scope of the recommended punishment] [the scope of the recommended punishment] mitigated area, April through October [the scope of the recommended punishment revised according to the applicable sentencing guidelines] sentenced to six months through October (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and thus the applicable sentencing range in law is inconsistent with the applicable sentencing range).

3. The defendants' decision of sentencing is a case that steals high-priced bicycles jointly and thus, the nature of the crime is not good.

However, the defendants recognized the crime and repented the wrongness.

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