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(영문) 대구지방법원 2014.08.06 2014고단3164
특수절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

After the Defendant conspiredd to steal property at the victim’s house, which was a male-parent body of C and C, on April 29, 2014, at around 12:00, at around 12:35, 2014, C opened the victim’s house entrance, which was corrected by cutting the keys under the lower part of the entrance door, in which the victim’s key is kept, and the Defendant entered the house, and opened the door door of the victim’s house, which is equivalent to KRW 698,000, market price of KRW 50,000, market price of KRW 30,700, market price of KRW 25,800, KRW 178,000, KRW 1708, KRW 100, KRW 100, KRW 1000, KRW 104,000, KRW 100, market price of the mobile phone.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

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;

1. The sentencing guidelines are excluded inasmuch as the reasons for sentencing under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act are juveniles with the suspension of execution. The sentencing guidelines are excluded in light of the following circumstances: (a) the Defendant reflects and restores the damage; (b) the Defendant has no record of any other crime except juvenile protective disposition; (c) the Defendant is a juvenile; and (d) the Defendant’s character and conduct, environment, motive or background of the crime;

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