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(영문) 수원지방법원 2012.10.19 2012고단1565 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2012 Highest 1565] The Defendant was sentenced to ten months of imprisonment with prison labor at the Suwon District Court on June 9, 2010 and completed the execution of the above punishment on December 11, 2010.

Defendant

And C, while being aware of the post-ship, there is a need for living expenses during the process of life, and there was a conspiracy to steals another's objects.

Defendant

C around 08:20 on April 1, 2012, at the victim E’s “F” office adjacent to the “F” office in Suwon-si, the Defendant’s office was prepared in advance 15,000 square meters of the market price owned by the victim (60 cm in length, 180 cm in length) and 180 cm in the Defendant’s office, who was towed by the Defendant’s office.

As a result, the defendant stolen the property owned by the victim together with C.

[2012 Highest 3465] On July 7, 2012, the Defendant discovered that the victim H was placed above the victim’s gallon judo 2 mobile phone judo 900,000, and the 1st of ballon tobacco 2500,000, the market price of which is equivalent to the 900,000,000 won, and that the victim was stolen the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol regarding C;

1. Statement made by the police in relation to E and H;

1. Each protocol of seizure and each description of the theft report;

1. Images of each photograph;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes listed in investigation reports (including attachment of judgment against A by a suspect), personal identification and acceptance status (2012 high-class group 1565 cases, page 128 of investigation records of the case);

1. Relevant legal provisions concerning criminal facts, Article 331(2) and (1) of the Criminal Act that choose a punishment (the point of special larceny) and Article 329 of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant has already been punished by a fine or a suspended execution due to the same kind of crime.

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