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(영문) 부산지방법원 2019.09.24 2019고단3415
특수절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 7, 2019, the Defendant, along with the Dogman in Daegu, went to Busan, and went to Busan, who was driving by B, and was fluoring the Dog on the street, and was fluoring to block the thief by using a thief, who stolen money and valuables against the Dogman.

At around 02:59 on July 14, 2019, the Defendant: (a) discovered the Victim F, who was divingd on the road under the influence of alcohol at the entrance of the exit exit of 16, the Defendant: (b) discovered the Victim F; (c) laid down one 18K mp in an amount equivalent to KRW 2 million at the market price on which the victim was worn under the item; (d) cut one 18K mp in an amount equivalent to KRW 2,000,000 at the market price on which the victim was seated; and (e) went back with the victim by making a cell phone of KRW 40,00,000 at the market price where the victim was locked on the floor near the body of the Defendant.

Accordingly, the Defendant, together with B, stolen the total amount of 2.4 million won owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of F’s written Acts and subordinate statutes;

1. Grounds for sentencing under Article 331(2) and (1) of the Criminal Act with respect to the relevant criminal facts;

1. Scope of recommending punishment according to the sentencing guidelines [Determination of types] thief (type 3] thief [the scope of recommending punishment and recommending punishment] thief [the scope of recommending punishment] basic area, 8 months through 2 years [the scope of recommending punishment corrected by applicable sentencing] imprisonment for one year to 2 years (the lowest limit of sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of applicable sentencing range, and the applicable sentencing range is set according to the statutory minimum limit of applicable sentencing range);

2. It is so decided as per Disposition in full view of the facts that the instant crime was committed during the grace period after being sentenced to a suspended sentence due to the decision of larceny, etc., the motive and background of the relevant crime, the method and degree of damage, the criminal records, etc.

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