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(영문) 의정부지방법원 2015.04.22 2015고단986
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 5, 2014, Co-defendant F found that the defendant and Co-defendant F found a stolen scrap metal while driving a J-owned J-owned Cargo Vehicle in F's wife N in the vicinity of the Macheon-si, Shincheon-si.

At around 15:28 on October 5, 2014, the Defendant and F, in the meantime, discovered a stolen scrap metal in front of the PP factory located in Macheon-si, PP, and loaded three arms loaded in the above Poter's cargo vehicles with the market price of KRW 70,200, the victim Q, located in the above factory, and the market price of KRW 30,000,000, the market price of the above Poter's cargo vehicle.

Accordingly, the defendant and F, together with the victim, stolen objects owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against F, R, or S;

1. A written statement of the victim of Q Q;

1. Application of Acts and subordinate statutes to field photographs, cell phone photographs, on-site ctv photographs;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] : The range of sentence compared with the sentencing sentence that has no basic area (6 to 1 year and 6 months) (6 months) of types 2 (general larceny) and no basic area (6 months): Imprisonment with prison labor for six months or one year and six months (decision of sentence] : repeated crimes, non-agreement with the victim, and no recovery from damage. The extent of the damage inflicted on the victim is the victim.

The defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act are considered. It is so decided as per Disposition for the above reasons.

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