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(영문) 대구지방법원 김천지원 2020.06.29 2020고단697 (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

On February 16, 2020, Co-defendant B and C combined with the victim E (owner) office located in the Cheongju-si Office in the Cheongju-si Office on February 16, 2020, Co-Defendant C, a separate pre-defendant C driven a rental car and waited within the vehicle, and reported the network while waiting in the vehicle. Co-Defendant B and the Defendant, a separate pre-defendant B, and the Defendant, a victim owned by the victim outside the steel fence, and stolen it by holding approximately KRW 1,060 km of cable cable totaling KRW 4,028,00,000.

Accordingly, the Defendants jointly stolen the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of examination of co-defendant B before separation;

1. Police interrogation protocol of co-defendant C before separation;

1. The police statement concerning F;

1. Application of the G’s written Acts and subordinate statutes;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [decision of types] thief for general property [Type 4] Intrusion (special spofluor] mitigation element]: In cases of intrusion into places other than indoor residential space (in cases of intrusion into places other than indoor residential space, the area of recommending and the scope of recommending punishment] mitigation area, and in cases of imprisonment with labor for up to 8 months to 16 months;

3. The crime of this case, which intrudes into another person’s place of business along with an accomplice at night to determine the sentence of sentence, steals the object, and steals the damage was not restored, but there was no record of criminal punishment, and the defendant took part in the proposal B, and the profits acquired by the crime of this case are merely KRW 50,000,000. The circumstances leading to the crime of this case, the degree and result of the damage, the circumstances before and after the crime, and other circumstances before and after the crime, and criminal records, etc.

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