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(영문) 의정부지방법원 2019.06.21 2019고단1259
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant and B, around 11:00 on December 23, 2018, at the “F store operated by the victim E, who is the victim E, with the intention to drive a mobile phone, reported the surrounding network by the Defendant, and the Defendant: (a) the victim was sleeped the creb in the display stand; (b) the victim was sleeped into a cell phone with the victim’s own hand, and the cell phone was stored in the display stand; and (c) from around that time to January 14:05, 2019, the Defendant and B stolen the cell phone with the market value of at least KRW 5.8,00,00 in total on seven occasions in the same way as the list of crimes in the attached Form.

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

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the defendant and the police as to B;

1. Statement of victim to E;

1. Application of the Acts and subordinate statutes to the investigation report (to attach images that steals the suspect's mobile phone at the victim E store);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Special thief) (Determination of Punishment) thief (Special thief) thief (Type 2) thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief th

(b) Class 2 (Special thief) (Determination of Punishment) thief (Special thief) thief (Type 2) thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief

(c) Class 3 (Special thief) thief (decision of type).

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