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(영문) 대전지방법원 홍성지원 2019.10.01 2019고단223
특수절도
Text

The punishment of the accused shall be set forth in six months.

However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

The Defendant and B, around 14:00 on August 16, 2018, committed theft by 2 times, 500,000 won in total, of the market value of the victim D, which was located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, by means of 50,000,000 won in the non-registered land owned by B.

Accordingly, the defendant and B stolen the victim's property together with the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the third protocol of trial which is written B;

1. Statement made to D by the police;

1. Detailed details of the driver's license;

1. Application of related Acts and subordinate statutes to photographs;

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. Article 62 (1) of the Criminal Act;

1. The scope of recommending punishment according to the sentencing guidelines for special larceny on the grounds of sentencing under Article 62-2 of the Social Service Order Act [Determination of a sentence] The thief [Class 2] general larceny [the scope of recommending area and recommending punishment] [the scope of recommending area and recommending punishment] fundamental area, the estimated value and method of committing a crime of damage decided to be sentenced in June through January 1, 200, the defendant and B committed contingent crimes and the copies of punishment among damaged articles are deemed to have been returned to the victim. The victim's intent of punishing the victim has not been withdrawn, the defendant's age, criminal records, environment, etc. shall be determined by comprehensively taking into account various sentencing factors such as the victim's age, criminal records and environment

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