(영문) 수원지방법원 여주지원 2017.05.17 2017고단148

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자간(%)

(영문) 수원지방법원 여주지원 2017.05.17 2017고단148

특수절도

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On February 5, 2009, the defendant was sentenced to forwarding disposition of juvenile protection cases due to special larceny at the Seongbuk branch office of the Suwon District Public Prosecutor's Office on May 26, 2009, to forwarding disposition of juvenile protection cases from the same branch office on May 26, 2009, to special larceny in the branch office of the same branch office on July 29, 2010, to forwarding disposition of juvenile protection by the branch office of the Suwon District Public Prosecutor's Office on February 19, 2014, to one year of imprisonment with prison labor and two years of suspended execution, respectively.

[2] On January 17, 2017, at around 01:30, the Defendant: (a) infringed upon the bottom of the entrance at D, operated by the victim C, which was operated by the victim C, and then stolen the Defendant, with a total of KRW 207,00,000, including KRW 42,000 and KRW 50,000, a total of KRW 198,000, the market price of the victim’s possession in the calculation unit.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes on reporting on occurrence of accidents;

1. Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1) of the Confiscation Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment] in the basic area (one year to two years] of the 4 types of theft in general property (special mitigation) / [the person who is not subject to punishment] in the case of carrying a deadly weapon / [the sentence] in the case of intrusion upon residence at night or at night / three types of intrusion upon building structures, etc. [the decision of sentence] / 3 years of the suspension of the execution of imprisonment with prison labor for 1 year (the case of crimes of this case committed several times by the defendant who has the records of the same kind of crime, and favorable circumstances, such as agreement with the victim, etc.]

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