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(영문) 대구지방법원 2016.02.05 2015고단4605
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight 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

[2015 Modan4605] The Defendant and C found the fact that the door was not corrected in the state where the key of the victim F, who was parked in the victim F, was posted, while the Defendant and C passed in front of the G in G in the Gyeongbuk-gun, Gyeongbuk-gun, around August 6, 2015.

C, after boarding the above van's seat, he is driving the above van, and the defendant was on board the head of the above vehicle.

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

[2015 order 6372] On August 5, 2015, the Defendant, along with C, discovered Jinababa in an amount equivalent to KRW 500,000,00 in the market price of the victim I, who was installed by sticking the key, when the Defendant passed a H route in the Gyeongbuk-gun, Gyeongbuk-gun, G.

C drive the above Obaba, and the defendant got to drive the above Obaba, after C.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

[2015 Highest 4605]

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

1. Statement made to F in the police statement protocol;

1. The list of seizure and entry in the protocol of seizure [2015 high order 6372];

1. Statement of the police suspect interrogation protocol against the accused;

1. Written statements (Preparation), investigation reports (Attachment of photographs showing the suspect's impression), investigation reports (related to specific photographs of the suspect), investigation reports (related to the suspect's specific pictures), or application of video-related Acts and subordinate statutes

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 of Article 62(1) of the Criminal Act (restatement of favorable sentencing conditions among the reasons for the following sentencing) (the scope of legally applicable sentences) is [the scope of applicable sentences] from six months to seven years and six months from imprisonment [the type] of larceny in general property [the decision] type 2 (decision on the area of recommendation].

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