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(영문) 대전지방법원 천안지원 2015.07.07 2015고단546 (2)
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 14:00 on March 14, 2015, the Defendant and B discovered, at the front of the construction site of the Newly constructed studio in Dong-gu, Nam-gu, Chungcheongnam-gu, Seoul, Yancheon-gu, the construction site of the victim D with a view to theft.

On March 15, 2015, at the front of the construction site, the Defendant and B reported the network around the Defendant, and B loaded approximately 140 bits, which were loaded in the E one ton cargo vehicle, and loaded approximately 50 bits in the F1 ton cargo vehicle, and the Defendant and B driven the said cargo vehicle, respectively.

As a result, the defendant and B cut off approximately 4 million won of the market price of 193 Litts, a victim's possession together.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The mitigated area (one to six months) in the mitigated area (one month) of category (one-six months) of the Sentencing) of general property shall not be punished; and

2. Prior to the determination of sentence, the punishment as ordered shall be determined by taking full account of the major circumstances, the motive, background, means and methods leading to the commission of the crime, the circumstances before and after the commission of the crime, and other circumstances, such as the age, character and conduct, career, and environment of the defendant as shown in the pleading

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