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(영문) 울산지방법원 2018.02.20 2017고단1999
특수절도
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 24, 2015, at around 16:00 on June 24, 2015, the Defendant discovered that the victim E-owned F 125cc Ora (market price equivalent to 3.200,000,000 won) is parked in the parking lot located in Ulsan-gu, Ulsan, and the Defendant reported the network in the surrounding area, and the above C led the above Orabab in the above parking lot, and the two led the Orabababa.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Statement made by the police for E;

1. Photographss, seized objects and stophograph photographs by cutting booms;

1. Application of Acts and subordinate statutes to a report on investigation (a copy of the main judgment against a crime C shall be attached);

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Social Service Order Act [Determination of Type] 2 (General Larceny) (Special Sentencing) [person subject to the sentencing] - The mitigated area of mitigation of punishment [the scope of recommendation] [the scope of recommendation] 4 months to 10 months [the general person subject to sentencing] - When two or more aggravated factors are combined, whether the same criminal records (under 10 years after the execution is completed] that do not constitute a repeated offense [the period of suspended execution] - The main reason for the suspended sentence - The main reason for the suspended sentence is not positive punishment - The criminal records before the suspended sentence (decision of the sentence] at least two times adversely: the defendant was detained by the indictment and the summons of the date of the first and third public trial, and in light of this, the defendant was not detained by the detention warrant for a long time after being served directly on the date of the first and third public trial, and it is determined that compliance spirit does not exist separately, as stated in the order.

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