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(영문) 대구지방법원 안동지원 2020.05.13 2019고단981
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 23, 2019, around 18:48, the Defendants came to be in the Yancheon-gun of the Gyeongcheon-gun of the Republic of Korea, and came to be in the Yancheon-gun of the Republic of Korea, the victim D, who was located there, prepared one earth and sand-type with an amount equivalent to KRW 2 million at the market price of the victim D, which was located there, and then they cut off the bnd unit by carrying the bnd unit into the bnd line of the vehicle operated by Defendant B.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of D police officer;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the investigation intelligence report, internal investigation report (field verification), location map of the site of the case, internal investigation report, internal investigation report (based on the confirmation and analysis of CCTVs around the site of the case and the surrounding CCTV), data on video recording near the site of the case, F passage details, E-traffic records, residents' inquiry (B), resident inquiry data, detailed details of the next red inquiry, internal investigation report (A and B voluntary attendance), internal investigation report (specific person under suspicion), articles seized, photograph of the case, investigation report (based on the investigation of damages);

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Reasons for sentencing under Article 62(1) of the Criminal Act

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] thief for general property [Class 1] thief [Special Convict] mitigated elements, such as abandoned things, etc.: In the case of larceny [the scope of the recommended punishment and the range of the recommended punishment] mitigation area, reduction area of punishment, imprisonment for one month to six months [the scope of the recommended punishment revised according to the applicable sentencing guidelines] where the lower limit of the sentencing range recommended by the sentencing guidelines for six months is inconsistent with the lower limit of the applicable sentencing range under law, the lower limit of the applicable sentencing range under law shall prevail.

3. The instant crime committed by the Defendants on the sentence of punishment was committed by the Defendants, and the Defendants committed a theft of the punishment, which was loaded in a mountain, and the nature of the crime is not good, is disadvantageous to the Defendants.

However, the defendants did not observe the law.

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