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(영문) 서울중앙지방법원 2013.10.22 2013고단5468
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 17:00 on August 11, 2013, the Defendant, at the top of the trade name “D” operated by the victim C in Jongno-gu Seoul Metropolitan Government, Cheongbol E with female-gu E, and Cheongbol 4, which was displayed at a different place, was placed in E, and then cut off four punishments in total equivalent to the market value of KRW 100,000,000, in integration with E.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement regarding C;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing guidelines are applied to the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act, and the sentencing guidelines are applicable to the basic area among general larceny (from June to June). The defendant committed another same kind of crime even before the defendant had been punished four times due to larceny, and the victim and the victim did not reach an agreement, under unfavorable circumstances, the victim committed the crime, and the victim did not reach an agreement, and there are no criminal records beyond the suspension of execution, the degree of damage is relatively minor and the damage was immediately returned promptly, and the punishment is determined as ordered within the scope of the sentencing within the scope of the recommended sentence, taking into account the conditions of the sentencing stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, and circumstances after the crime.

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