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(영문) 인천지방법원 2015.06.16 2015고단2130
특수절도
Text

A defendant shall be punished by imprisonment for six months or more.

However, for two years from the date this judgment became final and conclusive, Defendant A.

Reasons

Punishment of the crime

On April 1, 2015, at around 06:58, the Defendants discovered at the “D” restaurant located in Bupyeong-gu Incheon Metropolitan City, the victim E, who was located in the restaurant, one of the 400,000,000 won of the market value of the victim E, which was located in the restaurant, and loaded the electric dong breaker out of the restaurant and loaded the Fpoter vehicle, thereby thefting the victim’s property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Records of seizure and the list of seizure;

1. Application of CCTV-related Acts and subordinate statutes to screen images, seized objects, and photograph of vehicles used for crime;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (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: The reasons for sentencing of Article 62(1) of the Criminal Act [Scope of Recommendation] / [No person who has any basic area (6 to 1.6 months) of the thth sentence (6 to 6 months) of the thath sentence] of the thief for general property / [Determination of sentence] / the return and recovery of damaged articles / the restoration of damage, all the Defendants are recognized and reflected, Defendant B actively participated in the crime, Defendant B actively participated in the crime, Defendant A took one time (201) of the same fine power, Defendant B has no same record of power, Defendant B has committed the crime, circumstances leading to and results of the crime, and conditions of sentencing as described in the order.

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