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(영문) 수원지방법원 성남지원 2015.07.24 2015고단721
특수절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

[2015 Highest 721]

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of each police statement related to C and D;

1. Police seizure records;

1. Investigation report (No. 6,12 of the evidence list);

1. On-site photographs (2015 Height 1143);

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement concerning E and F;

1. Copies of bankbooks and statement of cashier's checks;

1. Application of Acts and subordinate statutes of a report on investigation (No. 8,15 on the evidence list);

1. Article 331(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 360(1) of the Criminal Act (the point of fraud, the choice of imprisonment), and Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles, the choice of imprisonment) of the relevant law on criminal facts and the choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes (Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes, since there is a thief in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on November 1, 201)

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of recommending punishment: The scope of final sentencing according to the number of concurrent crimes for which no basic area (6-100 million won) of types 1 (6-16-16 months) and the basic area (6-6 months), the basic area (6-6 months), the basic area (6-6 months), the basic area of which (6-10 million won or less), the basic area of which (6-10 million won or less), the basic area of which (6-10 million won or less) is basic (6 months or less) the basic area of which (6-10 million won or less), and the basic scope of final sentencing according to the number of concurrent crimes for which no sentencing guidelines are set: at least 1 year and 6 months (referring to concurrent crimes under the former part of Article 37 of the Criminal Act between the establishment of sentencing guidelines and the establishment of non-permanent crimes), and the minimum limit of such sentencing guidelines is not applicable;

(b) the same criminal records and the criminal punishment records of the defendant in one year and six months of imprisonment with prison labor, and this case.

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