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(영문) 수원지방법원 2014.06.25 2014고단1844
특수절도등
Text

Defendant

A person who is 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

Around December 23, 2013, the Defendant, B, C, and D discovered F-wing Cargo at the market price of KRW 3 million,00,000,00,000, the victim E, who was owned by the Defendant, C, and D, where the door was not set up in front of the 571-1 Dong-ri, Dong-ri, Dong-ri, Dong-ri, Dong-ri, Dong-ri, 3, Ma, and they cut off another’s property by putting it back to the net and putting it back together with the key attached to the kis, which was posted at the kis, and then cut off another’s property more than three times in total, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of the E, G and H;

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months from July to June;

2. Scope of the recommended sentencing criteria; and

(a) Basic crimes and concurrent crimes: Special larceny (determination of types): thie-general larceny [the scope of the recommending area and the scope of the recommended punishment] mitigated area (six months of imprisonment (amended by the lower limit of the punishment by law) - 10 months] of mitigated area: A person who is subject to special mitigation: A person who is not subject to punishment;

(b) Scope of recommending punishment according to the standards for handling multiple crimes: Six months to six months of imprisonment (six months of the lower limit of the basic crime for the lower limit, and six months of the upper limit of the basic crime for the lower limit shall be included in October, which is 1/2 of the upper limit of the range of punishment for the first and second concurrent crimes, and one-third of the upper limit of the range of punishment for the second concurrent crimes);

3. The sentence shall be determined as ordered within the scope of the recommended sentence, taking into account the fact that the defendant's decision of sentencing is divided into several parts, that the defendant agreed smoothly with the victims, that the defendant has no criminal power, and that the defendant has no criminal power.

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