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(영문) 대전지방법원 2015.05.20 2015고단868 (1)
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, along with B and C, conspiredd to steal the bicycle set up in an apartment building, and the Defendant and B reported the network, and C shared with B and C, and subsequently stolen another’s property throughout the following three occasions.

1. On May 30, 2014, at around 20:34, the Defendant discovered 1,000,000 won, which is the victim E owned by the victim, who did not have a correction device from the 108-dong emergency stairs of 108-dong, Seo-gu, Daejeon, Daejeon, and C, leading up to the Defendant and B’s network.

2. On June 1, 2014, at around 22:30 on June 1, 2014, the Defendant discovered, at the bicycle storage room, one bicycle ton, the market price of the victim’s name in front of the aforementioned D apartment 501 unit, and C laid off the corrective device between the Defendant and B and the victim’s network and stolen it.

3. On June 1, 2014, at around 22:40, the Defendant discovered 7.0 bicycles and Hadd 8.0 bicycle 2 bicycles at the market price, which is the victim’s own name in front of the 512 bicycle storage unit, with B and C, and C removed and stolen each corrective device between the Defendant and B.

Summary of Evidence

1. Statement by the defendant in court;

1. A suspect interrogation protocol of the prosecution;

1. Police suspect interrogation protocol regarding C;

1. Records of seizure and the list of seizure;

1. E statements;

1. Application of each statute on photographs;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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 favorable circumstances):

1. The reason for the sentencing of Article 62(1) of the Criminal Act [the scope of recommendations] of the suspended sentence [the grounds for the sentencing [the scope of recommendations] of Article 62(1) of the Criminal Act [the scope of punishment for general property] where the aggravated area (10 to 2 years) of the aggravated area (10 to 2 years) of the Criminal Act [a person under a special relationship] is systematically shared with the crime [a coordination of recommendations

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