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(영문) 광주지방법원 2020.08.19 2019고단4160
특수절도
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On May 5, 2019, the Defendant, at the front parking lot of the “E store” located in C and C, 17:07, had no locking device between C and C and C, with no locking device between C, and stolen the victim’s property by combining the victim’s property with a total amount of KRW 700,000,000,00 in the market value, which is the victim’s possession in the front parking lot of the “E store” located in B, and with no locking device between C and C, and with the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of suspect examination of police officer C;

1. Application of B’s written laws and regulations;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act to mitigate juvenile offenses;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act to return victims;

1. Scope of punishment by law: Six months to five years;

2. The scope of recommendations according to the sentencing guidelines [decision of types of punishment] the thief [Type 2] General thief [special stief] - The mitigated element: In cases of systematically sharing a crime, the basic area of punishment and the scope of recommendations], six months to one year and six months [general person] - Where two or more persons are jointly involved in a crime of life, there is no history of criminal punishment - There is no history of criminal punishment - There is no history of restoration from damage to general pride: There is no past conviction or more than a period of suspension of execution - there is no serious reason of general illegality: there is no reason of suspension of execution.

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;

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