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(영문) 대구지방법원 김천지원 2017.02.22 2016고단1291 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B B Prior to separation of the Defendant, the joint Defendant B conspired to steal cash, etc. from a vehicle parked in the studio parking lot and an abandoned house, and is driving by the Defendant, and coloring the subject of the crime in the first place in Kimcheon-si.

On July 14, 2016, the Defendant and B discovered that the windows of ESM5 car owned by the victim D, which were parked in the parking lot located in Kimcheon-si, Kimcheon-si, was opened on July 14, 2016, when the Defendant 03:25, the Defendant and B got on and off, and they did not commit an attempted crime because of the following: (a) the Defendant reported the network in the surrounding areas; (b) the Defendant opened a door of a vehicle without locking; and (c) the Plaintiff committed a theft in combination with 50,000 won in cash and 20,000 won in the market price in the vehicle; and (d) committed a theft in total of 3,24,000 won in cash or in combination with 3,5,6 parts of the attached crime list Nos. 3,5, and 6 parts.

Summary of Evidence

1. Statement by the defendant in court;

1. B Legal statement;

1. A protocol concerning the examination of suspect B by each prosecutor;

1. Written statements of D, F and G;

1. A report on internal investigation (Attachment of field photographs and CCTV-cap photographs);

1. Application of Acts and subordinate statutes to the investigation report (with respect to the price of sludge tobacco);

1. Article 331(2) and (1) (special larceny) of the Criminal Act in relation to the facts constituting an offense, Articles 342, 331(2), and 331(2) and (1) (special larceny) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, there is a record of being punished by a fine for a thief, the fact that damage has not been completely recovered, and all of the crimes of this case are recognized and reflected by the defendant, and some of the crimes are committed in favor of the defendant, such as methods and frequency of crimes, the degree of damage, the age of the defendant, sexual conduct, environment, and crimes.

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