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(영문) 춘천지방법원 2013.03.28 2013고단93
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On September 20, 2012, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Chuncheon District Court on September 20, 2012, for one year of suspended execution, two years of probation, and probation, which became final and conclusive on September 28, 2012, and is currently subject

(1) On January 6, 2013, at around 04:10 on January 6, 2013, the Defendant conspired with wife C to steal a computer owned by the victim F in the guest room located in Chuncheon-si D, while leaving the room, and the Defendant extracted the main body, monitors, kids, kids, and Masco code of the computer, and C, after organizing the line, she was put in a paper stuff prepared in advance.

Accordingly, the Defendant, together with C, stolen the main body, monitor, etc. of a total amount of one million won in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Records of seizure and the list of seizure;

1. A written statement;

1. Previous convictions as stated in the judgment: Investigation report (related to attachment of the judgment of suspension of execution of the same kind of crime) and application of Acts and subordinate statutes to investigation reports (verification of fixed date

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 (including, among the reasons for sentencing, circumstances favorable to the accused)

1. Imprisonment with prison labor for not less than six months but not more than five years;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types of punishment] Scope of the recommended punishment [specific persons] general larceny of types 2 for general property: Reduction elements of punishment [the scope of the recommended punishment]: Imprisonment with prison labor for not more than 4 months from 10 months to 10 months (the scope of the corrected recommended punishment]; imprisonment for 6 months from 6 months to 10 months (the lowest limit of the applicable punishment is higher than the lower limit of the recommended punishment under the law, and therefore, according to the statutory minimum limit of the applicable punishment);

3. The decision to punish the defendant is against the crime of this case and there are favorable circumstances such as the agreement with the victim, but the defendant is under the suspension of the execution of imprisonment with prison labor for special larceny.

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