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(영문) 의정부지방법원 고양지원 2018.01.26 2017고단3487
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the defendants is against the defendants for one year.

Reasons

Punishment of the crime

On November 13, 2017, the Defendants: (a) committed a theft of the amount of KRW 76,790 in total market value of the victim E management, who is an employee of the place, in the manner of discharging the amount of KRW 109,90 in the market value of KRW 399,00,00,000, and KRW 219,90 in the market value of the victim E management, in a manner of discharging the amount of KRW 109,90 in total without calculating the market value of KRW 37,990 in the market value of the victim E, who is an employee of the place.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

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

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: The reasons for sentencing under Article 62(1) of the Criminal Act

1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing criteria, the basic area (six months to one year and six months) of the types of larceny for general property (general larceny) (no person who is subject to special sentencing];

2. The defendants' decision-making on the sentence of this case recognize the crime of this case and reflects their mistakes, Defendant A did not have any record of criminal punishment other than that sentenced once to a fine due to the violation of the Road Traffic Act in the case of Defendant A. In the case of Defendant B, the primary offender who has no specific criminal record up to the present day, and the fact that the damaged items could have been returned to the victim, etc. shall be considered as favorable circumstances to each of the Defendants. In full view of other circumstances, including the defendants' age, sex, sex, environment, motive, means, means and consequence of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined as above.

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