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(영문) 광주지방법원 2020.09.16 2020고단2976
특수절도
Text

Punishment against the Defendants shall be prescribed by six months of imprisonment.

except that for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:00 on March 29, 2020, the Defendants: (a) committed a theft of the property managed by the victims by means of calculating the price for the remainder of the goods other than the aforementioned theft in the unit of the Defendant B prepared in advance by the Defendant B; (b) from March 21, 2020 to March 29, 200, the Defendant stolen the property equivalent to KRW 242,370 in total,370 in the same way as the list of crimes in attached Form 4 times from March 21, 202 to March 29, 200.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the respective Acts and subordinate statutes of E, F, G and H;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act among concurrent crimes;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act for the suspension of execution (as to the defendants)

1. Scope of punishment by law: Imprisonment with prison labor for a period from six months to seven years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Special thief) (Determination of Punishment) thief (Special thief) thief (Type 2) - General thief (Special thief) - thief (Special stief) - mitigated element: In cases of systematically sharing a crime: In cases of committing a crime, the basic area of the crime (the scope of recommendations and recommendations), 6 months to 1 year and 6 months (general stief) - Where considerable damage has been recovered, the mitigated element is combined with at least two persons;

(b) Class 2 (Special thief) (Determination of Punishment) thief (Special thief) thief (Type 2) - General thief (Special thief) - mitigated element: Aggrafing element of living - aggravating element: A systematically shared charge of a crime.

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