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(영문) 수원지방법원 2015.12.23 2015고단5312
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

At around 15:00 on September 6, 2015, the Defendants: (a) included the difference of customers in the victim D, which is located in Yong-gu, Young-gu, A, and (b) cut off the sum of the market price of KRW 158,790 in the manner that the Defendants were placed in the bank of the Defendant A by inserting one stringr and one stringr and one stringr and one stringr are placed in the bank of the Defendant A; and (c) one stringr stringr was cut off without calculating the difference.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of D;

1. A receipt for an article damaged;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

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 ( normal consideration for each of the reasons for the punishment in question);

1. The Defendants on the suspended sentence: The defendants [the scope of recommending punishment] on the grounds of sentencing under Article 62(1) of the Criminal Code, each of the defendants [the defendants [the scope of recommending punishment] on the grounds of sentencing under Article 62(1) of the Criminal Code, and there is no basic area [4-8 months] on the theft of general property [the special person] [the decision of sentencing]: there is a history that all the defendants have been sentenced to the suspension of indictment two or three times due to the fact that they are subject to the special larceny, and the defendants have been sentenced to the suspension of indictment. Finally, the circumstances that are favorable to the defendants who committed the crime of this case within several months after the suspension of indictment was sentenced to the suspension of indictment and attempted to commit the crime of this case within several months: the defendants' mistake was divided and did not repeat again; the amount of damage seems not to be very significant; the defendants are expected to have returned all the damaged goods to the victims; the defendants have no criminal history or force of criminal investigation other than the suspension of indictment.

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