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(영문) 광주지방법원 순천지원 2015.12.30 2015고단375 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, in collusion with C, opened a door of a vehicle parked on the street on February 6, 2015, was on the front of a customary market located in the 16-7-7, Goung-gun, Goung-gun, Goung-gun, Goung-gun, the front of February 6, 2015, and found that the market value of the Epoter vehicle owned by the victim D is not corrected in an amount equivalent to 500,000 won, and that the car is parked on the kis of the vehicle, and C was cut off by driving the above Poter vehicle on the kis.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The sentence of punishment under Article 62(1) of the Criminal Act is to be determined in consideration of the following factors: (a) the mitigated area of category 2 (General thief) and the mitigated area (4-10 months) [Special thief] living style [decision of sentence] reflects the defendant's fault in depth; (b) the defendant did not lead the crime; (c) the defendant was not guilty;

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