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(영문) 창원지방법원 통영지원 2014.03.28 2013고단822 (1)
특수절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 17:00 on July 5, 2013, the Defendant, along with C on July 17:0, 2013, carried out a private house at the victim E house located in Southern-gu, and left the house, and the Defendant, by hand, separated the cable of the television located therein, and C took television while driving a car at the Fcoon.

Accordingly, the Defendant, together with C, stolen 40,000 won of the market price owned by the victim.

Summary of Evidence

1. Each legal statement of the defendant and C;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Six months of imprisonment to be suspended;

1. According to the sentencing guidelines for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence (hereinafter referred to as “the sentencing guidelines”), the defendant is recommended to be sentenced to four to ten months of imprisonment (the recommendation to reduce the type of “general larceny” (the recommendation to reduce the type of crime as a special mitigation factor)). The defendant is the primary offender, reflects, and the victim does not want the punishment of the defendant shall be considered as the grounds for sentencing favorable to the defendant.

Other grounds for sentencing, such as the age and family relationship of the accused, shall be determined in the same manner as the order.

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