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(영문) 인천지방법원 2015.11.26 2015고단6419
특수절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On August 27, 2015, at around 00:05, the Defendant, together with C, stolen a registration number plate attached to the fronter of the said cargo vehicle, which was parked on the way ahead of the tepoter, which is the victim D owner of the Epoter, which was parked in front of the tepoter located in the Southern-dong Incheon Metropolitan City, Nam-dong, Seo-gu, Incheon. 445-2, and C, and the Defendant removed one registration number plate attached to the fronter of the said cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. G statements;

1. Application of statutes on the field photographs, records of seizure and the list of seizure;

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. Basic area of larceny (decision on the recommended area): 6 to 1 year and 6 months of imprisonment [general punished] - Where at least two concurrent factors are combined [whether suspended execution is suspended] - There is no recovery of negative damage: The reason for the suspended execution of punishment of Article 62 (1) of the Criminal Act (decision on the punishment of imprisonment] : The minor damage (decision on the punishment of imprisonment] 6 months and 2 years of suspended execution;

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