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(영문) 전주지방법원 군산지원 2021.01.15 2020고단1499
특수절도등
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on March 20, 202, the Defendants: (a) in D male sponsing room located in Yasan City around 01:00; (b) Defendant B reported the network; (c) Defendant A: (d) locked the lock of the personal goods storage box; (d) tightly sealed the lock locking device; (c) inter alia, 450,000 won in cash owned by the victim E; and (d) attempted to steal or steal the total amount of KRW 1,469,000 in the same way six times from that time until March 27, 2020.

As a result, the Defendants jointly committed an attempted theft or theft of the victims' property.

Summary of Evidence

1. The application of the Acts and subordinate statutes to the Defendants’ respective statements in the statement E, F, G, and H of each police statement in the police interrogation protocol against each of the Defendants’ respective legal statements to the Defendants, i.e., reports on occurrence of each statement in the J and K, reports on internal investigation (i.e., theft), reports on internal investigation (in addition, reports on internal investigation (in relation to attachment of the agreement and the statement of the suspect) and reports on investigation (in relation to the statement of the suspect)

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2), 331(1) (the occupation of special larceny), 342, 331(2), and 331(1) (the occupation of attempted special larceny) of the Criminal Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Defendants to observe the protection: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [type 2] General thief [person in charge of special sentencing] - General thief [the scope of the recommended punishment] - Special stief [the scope of the recommended punishment and the scope of the recommended punishment] , 2 months to 10 months [the scope of the recommended punishment revised according to the sentencing guidelines] 6 months to 10 months (the lowest limit of the sentencing range recommended in the sentencing guidelines).

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