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(영문) 창원지방법원 2017.11.17 2017고단2440
특수절도
Text

A defendant shall be punished by imprisonment for 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

1. On August 24, 2016, the Defendant committed the crime: (a) on August 24, 2016, the Defendant: (b) on the 1st floor of the E 1st floor located in Sungwon-si, Changwon-si; (c) on August 24, 2016, on which the identity of the Defendant was unknown; and (d) on August 24, 2016, on the 1st floor of the E 90,300 won managed by the Victim F; (b) on the market, the Defendant stolen the said goods by inserting the 1st floor of the E 1st floor located in Sungwon-gu, Changwon-si, Changwon-si; (c) on the other hand, a military blue-si in the city of the U.S.; (d) 1 to the U.S. military blue-si; and (d) 1 to the 1st floor of the 2nd floor of the 1st floor of the 3rd floor of the

Accordingly, the defendant stolen the victim's property together with the above C.

2. 2017. 3. 9. 자 범행 피고인은 위 C과 2017. 3. 9. 17:33 경 위와 같은 장소에서 위와 같은 방법으로 피해자 소유의 시가 109,000원 상당의 아디다스 이 큅먼트 1켤레, 시가 미상의 아디다스 양말 6켤레, 뉴 발란스 양말 3켤레, 군청색 점퍼 1벌, 군청색 긴팔 티셔츠 1벌, 비닐 재질로 된 점퍼 1벌, 면도기 1개 등을 가져 가 절취하였다. 이로써 피고인은 위 C과 합동하여 피해자의 재물을 절취하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report on internal investigation (Attachment of CCTV data, etc. of the E Security Team), investigation report (specific suspect);

1. Application of reports on conviction evidence, E receipts, and statutes governing reporting damage;

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

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

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;

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

1. Sentencing [Scope of Recommendation] There is no basic area (a period of four months to eight months) (a person subject to special sentencing) of the basic area (a period of imprisonment) of the theft of general property (a period of four months to eight months) [a person subject to multiple crimes] [a period of multiple crimes] plus 1/2 of the upper limit of the sentencing range of crimes No. 2 in the upper limit of the sentencing range of crimes No. 1, the final sentencing shall be sentenced to imprisonment.

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