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(영문) 광주지방법원 2016.05.19 2016고단536
특수절도등
Text

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

However, the execution of the above sentence 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 November 1, 2015, around 18:00, the Defendant prepared food stores managed by the victim E (32) of the victim E (32) of the D 1st floor in Gwangju-dong-dong-gu, Gwangju-gu, in advance, and stored pigs amounting to KRW 30,000 at the market price in the door, and stolen them.

2. On December 12, 2015, at around 21:20, the Defendant carried 8 items, including 127,180 won of the market price, into the Defendant’s household room, and 70,840 won of the market price, in accordance with the foregoing method, at around 21:20, the Defendant carried 8 items, such as divers and slicks.

Accordingly, the Defendant, together with F, stolen property equivalent to 198,020 won at the market price occupied by the said victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. E statements;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Article 331(2) and (1) (special larceny) of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Optional larceny of punishment: Imprisonment with prison labor;

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. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, Article 62(1) of the Criminal Act, the crime [the scope of recommendations] No. 1 of the Act on the Suspension of Execution of Sentence 2 (2) of the Act on the Larceny against general property, (2 months to 10 months) of the area of special mitigation [the scope of recommended punishment] the crime of living type, the crime of non-permanent mitigation [the scope of recommended punishment] the area of special mitigation (2 months to 10 months) of the area of special mitigation (the scope of recommended punishment] [the person of special mitigation] the scope of final sentence due to the increase of the number of non-permanent penalties: 2 months to 1 year and 3 months [the decision of sentence] of the theft of this case is relatively small, and the victim and the victim do not want the punishment of the defendant by mutual agreement only with the victim, and the conditions indicated in the oral proceedings of this case, including the defendant's age, sex, environment, motive and circumstances after the crime.

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