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(영문) 제주지방법원 2014.05.16 2014고단386
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:05 to 16:20 on December 26, 2013, the Defendant: (a) used a dry field owned by the victim C, which was located in Jeju-si; (b) used a knife with D, used a knife with D to cut about about 35 to 16 to load 16 to each car of the Defendant and D; and (c) stolen a total of KRW 86,000, total market value of which was 86,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement to be prepared;

1. Application of Acts and subordinate statutes to investigation reports and photographs;

1. Relevant provisions of criminal facts: Article 331 (2) and (1) of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: A sentence shall be imposed as ordered in consideration of all the following circumstances, taking into account the scope of recommended sentences [the scope of sentence [the minimum of recommended sentences according to the lowest sentence applicable to the category of larceny crimes, larceny for general property, larceny for general property, mitigation area, mitigation area (a special mitigation area: thief: imprisonment for not less than 6 months] on the grounds of sentencing under Article 62(1) of the Criminal Act (see Article 51 of the Criminal Act as stated in the grounds for sentencing] and the following circumstances. A sentence shall be determined as ordered in light of favorable circumstances: The recognition of and reflects the facts of crime; the minor nature of the stolen object; the fact that the value of the stolen object is minor; the fact that there was no record of criminal punishment after 197: The motive of crime and the defendant's previous criminal relation, etc.

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