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(영문) 수원지방법원 2018.08.14 2018고단3563
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 10, 2018, the Defendants collected one copy of the met loan equivalent to 3,900 won in the market price owned by the victim C, which was displayed at the owner of fishery, processed, or agricultural products at the 1st floor store at the 271 ambrate 10,000 ambling from the product as of 10:10,000, and the Defendant Company B removed Rax from the product at the 3,900,000 won in the market price.

Accordingly, the Defendants jointly stolen the victim's property amounting to 26,580 won.

Summary of Evidence

1. Defendants’ legal statement

1. C’s statement;

1. Photographs of damaged articles;

1. Application of the receipt statute

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Reduction of a small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on the Observation, etc. of Protection;

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria, and the basic area (six months to one year and six months) of the basic area of the theft against general property (the general larceny) (the person who is subject to special sentencing]; and

2. Defendant A was sentenced to a suspended sentence for special larceny in 2004, 2005, and 2009, respectively, and was sentenced to a suspended sentence for special larceny in May 2018.

Defendant

B was sentenced to suspended sentence in 2004 and 2005 for special larceny, and was sentenced to suspended indictment for special larceny in May 2018.

Nevertheless, the Defendants did not go against the suspension of indictment, and thus committed the instant crime.

However, the Defendants led to the confession of the crime, and the number of damages is small, and the amount of the nine years prior to the disposition of suspending indictment above, the Defendants had no record of the same crime, and appear to be economically difficult circumstances. In addition, the Defendants’ age, sex, environment, and the Defendants are the instant case.

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