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(영문) 수원지방법원 2015.08.10 2015고단2736
특수절도
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2015, the Defendant conspiredd to steal B and delivery off, and then 02:30 on June 12, 2015, the Defendant moved to 2 otoba in the D restaurant located in Heung-gu, Young-gu, Young-gu, Young-si, by removing the window and intrusion into the oba, and then, she driven 2 oba in the market price owned by the victim E, which was parked next to the above oba.

As a result, the defendant stolen the damaged article together with B.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police suspect interrogation protocol concerning B;

1. E statements;

1. Application of Acts and subordinate statutes, such as site photographs, theft photographs, etc.;

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

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

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

1. The scope of the recommended sentences according to the sentencing guidelines [the scope of the recommended sentences] for the theft of general property in Type IV (the special mitigation (the special mitigation) (the special mitigation). Where a person intrudes into any place other than indoor residential space (the four types), the penalty not to be imposed, the case where a person carries a deadly weapon / the case where a person commits at night, his/her residence intrusion, or the case where a person intrudes any structure, etc. which causes night-time damage, or night-time damage;

2. Determination of sentence: The sentence shall be determined as ordered, taking into account the following factors: (a) in eight months of imprisonment; (b) in the suspension of execution two years; (c) in the event that the window of the defendant was removed; and (d) in the event that the defendant was subject to a disposition of suspension of indictment due to larceny; (b) in the meantime, the defendant committed the crime in this case; (c) in the meantime, the defendant was committed against himself; (d) the victim was recovered; (d) the victim expressed his intention not to impose a fine or heavier punishment at the investigation stage; (d) there was no history of having been sentenced to a fine or heavier punishment; (e) the young is the age of 19; and (e) other matters that are conditions for sentencing as prescribed in Article 51 of the Criminal Act, such as the character and conduct of the defendant

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