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(영문) 광주지방법원 순천지원 2014.02.05 2013고단1582
특수절도
Text

A defendant shall be punished by imprisonment for six 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

At around 04:00 on April 15, 2013, the Defendant colored water to steals, and discovered one unit of 125cc X-si X-si, without any number equivalent to KRW 1,200,000, the market value of the victim F, in the E apartment apartment parking lot in Ycheon-si, Jeoncheon-si. D, based on the network on the ground, and the Defendant and C have fledd the key of the same kind of Obabba, which was dried from D, at the alarm machine installed at the Obama, and escaped out of the sounder.

The defendant and C entered the underground parking lot once the warning is taken off, and the defendant walked with the key to the above Otoba, bringing the above Obaba in the parking place, and C was getting on and getting on it.

Accordingly, the defendant stolen property together with C and D.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning C and D;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. The reason for the sentencing of Article 62(1) of the Criminal Act (restatement of the same circumstances as the above) is [decision of the sentencing] The basic area of the larceny [decision of the recommending area] general larceny in general property: Imprisonment with prison labor for six months to one year [the scope of punishment] for six months] for six months from six months [the scope of punishment] for six months to five years] for imprisonment for six months, and for the crime of this case in the suspension of execution for two years], three persons jointly commit the crime of this case, and the crime in the suspension of execution for three years, and the nature of the crime is not weak. However, the damage was recovered, and the defendant was 19 years old, and there was no criminal record other than the two suspension of indictment, as well as the two suspension of indictment, a sentence shall be determined and sentenced as set forth in the disposition.

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