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(영문) 대전지방법원 천안지원 2018.02.23 2017고단766 (1)
특수절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The part related to the defendant is 2017 Highest 1211.

On May 11, 2017, the defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution due to special larceny in the Incheon District Court, and the above judgment became final and conclusive on May 19, 2017.

On February 22, 2017, the Defendant, together with C, D, and name influories located in Nam-gu Incheon Metropolitan City E on February 17, 2017, with the victim B, who launched from home, together with the victim, had a bit 6 smartphone 1, a diesel hander, an electronic cigarette 1, a transportation card 2, a transportation card 2,00 won, and a cash 2,00 won.

As a result, the defendants stolen the victim's property together with his/her nameless person.

Summary of Evidence

1. Each protocol concerning examination of the suspect of the prosecution in relation to C (No. 2, 119th page of evidence records), and D (No. 2, 128th page of evidence records);

1. A protocol concerning the examination of suspect of the police against the defendant (two-six pages of evidence);

1. Statement made by the police in relation to B and G;

1. Photographs of damaged objects;

1. Previous convictions as indicated in the judgment: An investigation report (a final judgment of a suspect A), a judgment (the Incheon District Court 2017 High Court 2379 High Court Order 2379), and an inquiry about criminal history (A) and

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 37 of the Criminal Act shall be taken into consideration, such as the fact that the growth environment is uncertain and that the balance between cases where a judgment has been rendered concurrently with special larceny, etc.

1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (where there is no data on the market price of stolen goods, the value of oil, etc., and the scope of liability for compensation is unclear, since such data is not available);

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