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(영문) 울산지방법원 2017.01.20 2016고단4081
특수절도
Text

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

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

Reasons

Punishment of the crime

On June 24, 2015, around 16:00 on June 24, 2015, the Defendant: (a) directeded before Ulsan Nam-gu C, Ulsan-gu; (b) directeded to steal the guardian 125C owned by the victim D; (c) reported the network around the region; and (d) reported the network to the Defendant.

The Defendant, together with the above, stolen the victim's market price of KRW 3.2 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on the cutting of a black boom;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Recommendations for sentencing guidelines [Type Determination] No one type (a person who is subject to special sentencing) (a person who is not in charge of larceny, etc.) shall be punished by imprisonment with prison labor for four months to eight months (the scope of the recommended punishment] [a person who is in charge of general sentencing] mitigated factors: Where two or more persons jointly engage in serious anti-aggravating factors: There is no reason for comprehensive comparison and evaluation of the reason for suspension of execution - there is no reason for negative consideration - there is no reason for positive consideration - there is no reason for negative general consideration - there is no reason for positive consideration - not less than two times more than two times, but not less than two times, and the reason for positive consideration : serious reflection.

2. Results of the crime committed (the value of the stolen goods has fallen due to the relation that has been returned to the victim after a lapse of one year) concerning the details of the crime subject to additional consideration (the same criminal record has been committed but has been committed for at least 15 years, and there is no previous criminal record exceeding a fine thereafter).

3. Eight months of imprisonment with prison labor, two years of suspended sentence, and 80 hours of community service;

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