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(영문) 인천지방법원 2016.06.01 2015고단2103
특수절도
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 21, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Seoul Western District Court and two years of suspended execution, and the said judgment became final and conclusive on August 29, 2014.

[Defendant and C] On January 18, 2013, at around 22:00, at the front parking lot of 44 U.S. apartment units 2 in Seocho-gu, Seoul Special Metropolitan City around 18, 2013, the Defendant and C opened a door-to-door 44 U.S. apartment units in the vicinity and opened a door-to-door 30,000 U.S., and the Defendant had one and two copies of the C-to-face 320,000 won in total of the victim E-owned market value inside the vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (report attached to judgment);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Since the crime in the judgment is ex post facto concurrent crimes, the sentencing criteria shall not apply.

2. Although the Defendant committed a joint thief, the Defendant’s commission of the crime of larceny is unsanitary, the victim is a small amount of damage and agreed to seek the Defendant’s wife, the Defendant acknowledges and reflects the Defendant’s crime, and his family members and parents are in a clear social relationship with each other, such as family members, and the first head of the judgment, together with special larceny, etc. as indicated in the judgment, determines the term of punishment and suspend the execution of the sentence.

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