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(영문) 서울남부지방법원 2020.05.25 2018고단5097 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 January 9, 2020, the Seoul Southern District Court Decision 2018 Godan5097 (Separation), and 2019 Godan4099 (Joint) on Defendant B, etc. of the 2019 High-Ma4099 (hereinafter referred to as the “2019 High-Ma4099”) was sentenced on January 9, 2020. On July 15, 2019, around 13:00 of the Michuhol-gu Incheon Metropolitan City, the victim who reported and contacted the Pest North Korean advertising in front of the 95-19 Pestan Station of the 95-19 Jeju Michuhol-gu, the victim was inside the Pestan vehicle, and the victim was inside the F Office Station in Gangnam-gu, Seoul Metropolitan Government, and then, the victim was granted a loan under the name of 2.280,000 won after deducting the prior interest from the credit service provider under the

After that, Defendant and B carried the victim who received the above loan in the above car and received the number of days to the victim near Gangnam-gu Seoul Metropolitan Government G, the certificate of the personal seal impression needs to be obtained, and the victim used the loan in the above car and operated the above car with the above 2.80,000 won by using the gap in the above car.

As a result, the defendant and B stolen the victim's property together.

Summary of Evidence

1. Legal statement made by the defendant B in the eighth trial records;

1. Some statements concerning the suspect examination protocol of the defendant;

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

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types]. The scope of the punishment shall be the lower limit of the punishment recommended in the sentencing guidelines in 1 to 16 months, respectively. The basic area of the larceny [type 2] general larceny [the scope of the recommended punishment], and the basic area of the punishment (the scope of the recommended punishment and the scope of the recommended punishment], 6 months to 1 year and 16 months [the scope of the recommended punishment modified by the applicable sentencing guidelines].

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