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(영문) 의정부지방법원 2017.10.25 2017고단3709
특수절도
Text

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

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

Reasons

Punishment of the crime

On August 5, 2017, at around 13:45, the Defendant, along with pro-born C, stolen the victim’s property in combination with C in a way that the victim’s market price, which was the display stand in the display stand, was 10,000 won of the victim’s market price, in which the victim was located in the display stand, and the Defendant, together with C, stolen the victim’s property in a way that he was concealed in the mass that he brought.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of C police suspects;

1. E statements;

1. Police seizure records and list of seizure;

1. A criminal investigation report (in case where the scenarios are confirmed-patched-pat one page);

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution [the scope of recommending punishment] [the scope of recommending punishment] There is no person who has no basic area (from June to one year and six months) (the special person in sentencing] [the decision of sentencing] [the defendant has a history of having been punished for the same kind of crime, in light of the fact that the defendant committed the crime in this case even though he/she had a history of being punished for the same crime.

However, the defendant's mistake is recognized and is in profoundly against it.

The stolen goods are small amounts, and the stolen goods are returned to the victim and the damage seems to have been restored.

There has been no history of punishment in excess of fine until now.

In this context, the sentencing guidelines shall be set by taking into account various sentencing conditions, such as the defendant's age, sexual conduct, motive, means and result of the crime, and the circumstances after the crime.

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