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(영문) 의정부지방법원 2018.09.21 2018고단2671
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant A, the same shall apply for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2018, around 08:54, the Defendants passed the “E” parking lot located in Do government, and discovered air conditioners and air conditioners owned by the victim F, and moved them to another ria that led any cret around.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. AF statement;

1. Application of statutes on site photographs;

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act

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

1. Defendant A who is subject to suspended execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. Defendant A

(a) The scope of applicable sentences under law: Imprisonment for six months to five years; and

(b) Application of the sentencing criteria [the types] thief, theft against general property, theft against general property (the scope of recommended punishment], four months to eight months (the basic area).

(c) select a sentence of imprisonment, taking into account the fact that the defendant has a criminal record of the same kind and does not agree with the victim;

However, the sentencing conditions shown in the records of this case, such as the confession of the defendant, the fact that the defendant does not have any criminal record exceeding the fine, the fact that the damage is relatively minor, the sentencing guidelines and the age, sex, environment of the defendant, the motive, background, means, methods and results of the crime of this case, and the circumstances before and after the crime, etc., and the sentencing conditions shown in the theory of changes shall be determined as ordered

2. Defendant B

(a) The scope of applicable sentences under law: Imprisonment for six months to five years; and

(b) Application of the sentencing criteria [the types] thief, theft against general property, theft against general property (the scope of recommended punishment], four months to eight months (the basic area).

C. The Defendant, who was sentenced on March 20, 2018, was sentenced to a suspended sentence of ten months with prison labor for special larceny, etc. at the District Court of the Republic of Korea on March 20, 2018, and committed the instant crime during the suspended sentence period, which became final and conclusive on March 28, 2018.

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