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(영문) 대구지방법원 2016.08.26 2016고단1390 (1)
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 7, 2016, at around 02:00, the Defendant and C set up “E” in Pyeongtaek-si D, the Defendant reported the network by side to the Defendant, and C took up one galle of the smartphone in which the market price is equivalent to KRW 1,00,000,000,000,000,000,000,000,000,000,000,000,000,000.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police suspect interrogation protocol against the defendant or C;

1. Each description of the investigation report (a counter investigation of a suspect A, an investigation of damaged articles), investigation report (an investigation of a suspect C, an investigation of damaged articles), and written statement;

1. Application of the video Acts and subordinate statutes of the recovered photograph of a damaged article;

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

1. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act [the scope of statutory applicable sentences] - six months from six months to five years from imprisonment [the determination of types] - [the person who is subject to special sentencing] - the area of mitigated punishment [the scope of recommended punishment] / [the scope of recommendation] the area of mitigated punishment / [the scope of recommendation] six months to ten months (the lowest limit of general sentencing is set at the lowest limit of the applicable sentencing law] - Where two or more aggravated factors are combined [the matter of suspended sentence] - The main reason for suspended sentence] - The main reason for suspended sentence is not positive punishment (including efforts to recover from arbitrary damage or recover damage) - there are no previous convictions above the positive suspension of sentence / [the determination of sentence] that the defendant carried with C and stolen two telephones on general property, but the victim was sentenced to punishment more than the victim of the crime in this case, and the victim was not subject to punishment.

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