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(영문) 대전지방법원 홍성지원 2015.05.15 2015고단102
특수절도
Text

Defendants shall be punished by imprisonment for ten months.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On February 4, 2015, A was sentenced to two years of suspension of execution of one year for special obstruction of performance of official duties and for special larceny in the Hongsung Branch of the Daejeon District Court. On February 12, 2015, the above judgment became final and conclusive on February 12, 2015, Defendant B was sentenced to two years of suspension of execution for six months of imprisonment for special larceny in the above court on February 4, 2015, and the above judgment became final and conclusive on February 12, 2015.

At around 01:00 on October 7, 2014, the Defendants kept the window of the ticket office in front of the E ticket office operated by the victim D located in Bocheon-si, Bocheon-si, and Defendant B shouldered the window of the ticket office with the bricks around the place. The Defendants entered the ticket office through a shoulder window, and carried KRW 1,50,000,000,000,000,000,000,000,000,000,000, in front of the wall.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of D;

1. Previous records of judgment: Each criminal records, investigation reports (Attachment of judgment), and application of statutes governing judgment;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants who commit concurrent crimes: the latter part of Articles 37 and 39(1) of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Probation and community service order Defendants: The reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing under Article 62-2 of the Criminal Act] No basic area (1 to 2 years and 6 months) of the theft in general property (1 to 3 months] [10 months of imprisonment with prison labor], and the defendants with prison labor for 10 months of suspended sentence and 2 years of suspended sentence committed a theft jointly at night and at night, and the nature of the crime is not good

However, the crime of this case is one of the concurrent crimes of special larceny in the judgment and the latter part of Article 37 of the Criminal Act.

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