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(영문) 의정부지방법원 고양지원 2015.06.26 2015고단1126
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On April 28, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for an injury resulting from continuation in existence in the Goyang Branch of the District Court, and the said judgment became final and conclusive on May 6, 2015.

The defendant and C are aware of the fact that they collect and sell softs and sell them.

On February 15, 2015, the Defendant: (a) reported that one of the D Apartment 101 and 1404 front corridors was placed in a corridor; and (b) found C had the air conditioners and outdoor air conditioners on the front corridor of the D Apartment 101 and 1404; and (c) approved C.

Accordingly, at around 05:50 on February 15, 2015, Defendant and C used a crepan in front of the aforementioned D apartment 101, 1404, and used a crepan in front of the surrounding corridor, and used a crepan in which the total market value of the victim E owned by the victim, who had been in the said place, moved the above air conditioner and the out-of-door machine to the first floor using the elevator, and loaded them in the ria prepared for the first floor.

Accordingly, the defendant and C stolen the victim's property jointly.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. E statements;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The sentence is to be determined like the order, comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act is confessions and reflects by the defendant; (b) there are no criminal records of the same kind; and (c) all damaged articles are recovered; (d) the circumstances and contents of the crime; (e) the age

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