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(영문) 울산지방법원 2016.04.26 2015고단1547 (1)
특수절도
Text

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

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

Reasons

Punishment of the crime

On July 20, 2014, the Defendant, along with B (Separate Joint Defendant) around 10:0, sold goods by 400,000 won of the market price at which the victim D was established in the closed factory of “E” operated by the victim D, by removing the boiler, singcing, and air conditioner outside the air conditioner, moving the goods into the factory, and making the goods business operator, who was aware of influence, enter the factory.

Accordingly, the defendant stolen another's property together with B.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers under B or F;

1. Application of Acts and subordinate statutes on police statements made to D;

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 for observation of protection;

1. The recommended type of sentencing guidelines: The scope of the punishment recommended for the larceny of general property (in cases of intrusioning at places other than indoor residential spaces) and the scope of the punishment recommended for the non-permanent sentencing (special sentencing factors): Imprisonment with prison labor for four months to one year and six months (special mitigation factors): The serious reflectivity (in cases of less than ten years after the completion of the execution, and as for the same kind of criminal conviction which is not a repeated offense), which is not a repeated offense (in cases of less than ten years after the completion of the execution), shall be comprehensively compared and assessed - The reasons for the suspension of the execution of punishment are comprehensively compared and assessed - The reasons for the suspension of the execution of repeated crimes, the same criminal records (in cases of less than five years, the suspension of the execution of the execution of the sentence, or a fine of not less than three times): The grounds for affirmative and negative consideration: The non-permanent reason - The grounds for the suspension of execution of sentence of not less than two times but not less than two times; the general reason for affirmative consideration;

2. Value of stolen information about the course of committing a crime, such as the management status of the stolen information to be additionally considered, and age, sex, and environment of the victim who has obtained profits from committing a crime;

3. Eight months of imprisonment with prison labor for a decision of sentence, one year of suspended sentence, and one year of observation of protection;

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