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(영문) 대전지방법원 논산지원 2017.11.17 2017고단556
특수절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

1. On June 10, 2017, the Defendant, in collaboration with B, operated a 100,000 won of the total market price of the victim E, which was set up in front of D located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-Nam, and a 1 gold powder for a total of 100,000 won of the market price of the victim E, which was set up in front of D around 102:19.

The F-learning passenger car was stolen.

2. On June 10, 2017, the Defendant, in collaboration with B, operated one rubber tree powder equivalent to KRW 80,000,00 at the market price of the victim I-owned by the Defendant, set up in front of H located in Chungcheongnam-nam G around 02:20 on June 10, 2017.

The F-learning passenger car was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Each police statement made to E and I;

1. Application of CCTV photographs for crime prevention, and fire extinguishing photographs which are damaged by Acts and subordinate statutes;

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

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

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. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of recommended punishment] / [the person who has been specially mitigated] mitigation area (4 to 10 months) of the mitigation area (the person who has been specially mitigated] / [the decision of sentencing] of the non-prosecution of the punishment [the defendant] / despite the fact that the defendant committed the crime in this case immediately after the expiration of the period of repeated crime due to the same crime even though he had been punished several times (7 times of actual punishment and one time of suspended sentence), it is necessary to punish the defendant strictly in light of the fact that he committed the crime in this case.

However, in light of the defendant's wrongness, the defendant voluntarily returned the damaged article, the victims do not want punishment, the injured amount is small amount, the defendant's age, sex, environment, criminal records, criminal records, circumstances after the crime, etc., and all of the sentencing conditions specified in the arguments of this case shall be determined as ordered.

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