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Reasons
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(영문) 수원지방법원 안양지원 2017.07.25 2017고단970
특수절도
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A defendant shall be punished by imprisonment for six 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

On July 16, 2015, the Defendant was sentenced to a suspended sentence of one year for a violation of the Punishment of Violences, etc. Act (joint attack), etc. by the Incheon District Court, and the above judgment was finalized on July 24, 2015. On May 19, 2017, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violation of the Punishment of Violences, etc. Act (organization and activities of organizations, etc.) at the Incheon District Court, and the above judgment became final and conclusive on May 27, 2017.

On April 28, 2017, the defendant was sentenced to one year of imprisonment with labor for a special injury by the Incheon District Court, and is still pending in the appellate trial.

Criminal facts

At around 14:00 to 23:00 on May 10, 200, the Defendant and C have a total of 2,500,000 won of the Victim E's Studio building 201, the house located in Gyeyang-gu Incheon Gyeyang-gu, and opened the house and opened the house, the victim's owner, who was in the place.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Requests for genetic appraisal, requests for cooperation in investigation (notification of conformity with the DNA), and written requests for genetic appraisal;

1. Copy of the written opinion of transfer;

1. Investigative into criminal history, reporting of investigation (the relevant facts constituting ex post concurrent crimes, reporting of the previous conviction of the disposition, and reporting of the result thereof), and application of statutes of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1)); Article 62(1) of the Act on the Suspension of Execution (Article 37 of the Criminal Act provides that the crimes of this case were juveniles at the time of the crime; Article 37 of the Criminal Act

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