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(영문) 수원지방법원 평택지원 2016.06.03 2016고단578
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 1, 2016, at around 21:50, the Defendants reported to the network by Defendant B, as if they were to purchase goods, rather than placing the display stand in the mate, and Defendant A used the gap in which surveillance was neglected, equivalent to KRW 1,00,00, the market price of the 1,500, and the 1,000,000,000,000,00,000,00,00,000, for each market price of the mate, which is managed by the victim E in Pyeongtaek-si.

2. At around 22:30 on March 23, 2016, the Defendants: (a) placed the display stand in the feet as if they were to purchase goods; (b) placed Defendant A’s net at the end of the string of the 1string of the string of the victim at night; (c) placed Defendant B in the string of the string of the 1string of the 1string of the string of the victim at night; and (d) put the string of the string of the string of the string of the 200 square milk owned by the victim into the string of the string of the 200ms, without calculating the amount equivalent to KRW 1,00,000, the market price of the 1,000 square oil owned by the victim.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A written statement of victim E;

1. Application of each statute on photographs;

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

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 and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders (each of the Defendants)

1. Determination of types: Two types of theft crimes against general property among the groups of larceny crimes;

1. Special sentencing factors: Persons who are not subject to punishment;

1. Scope of recommended punishment: April to October (the area of mitigation of type 2) of imprisonment;

1. A suspended sentence: positive - Ineligible for punishment, minor damage, or non-identical records;

1. Determination on the sentencing criteria (determination of sentence): Six months of imprisonment, two years of suspension of execution, Defendant A: the above conditions and suspension of execution; and

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