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(영문) 서울북부지방법원 2016.05.20 2016고단1123
특수절도
Text

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

Reasons

Punishment of the crime

[Criminal record] On April 17, 2015, the Defendant was sentenced to six months of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and completed the execution of the sentence on July 16, 2015.

[2] On March 31, 2016, at around 10:57, the Defendant, along with C, found the F Cargo Truck, which is owned by the victim E, parked on the street in Dongdaemun-gu Seoul Metropolitan Government, that one of the air conditioners located in the air conditioner room equivalent to KRW 748,00,00 at the market price is discovered in the freight space. The Defendant found C to be able to take off the hand room in the truck, and the Defendant did the above air conditioner.

In other words, they moved to and brought to the fingers.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Second-time suspect examination protocol against C by the police;

1. E statements;

1. On-site CCTV image data closure photographs;

1. Previous convictions in judgment: (A) a statement of inquiry about criminal history and application of Acts and subordinate statutes (A), a report of investigation (prior convictions A by a suspect)

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of recommending punishment] [the grounds for sentencing under Article 53 and Article 55(1)3 of the Criminal Act / [the scope of recommending punishment] There is no person who has been sentenced to special sentencing] in the basic area (from June to January 6) for general property / [the person who has been sentenced to special sentencing] / [the decision of sentencing] / The defendant committed the crime of this case in the period of repeated crime as well as the fact that the defendant committed the crime of this case during the repeated crime period as well as the fact that the victim does not recover from damage and wants to be punished by the defendant, which reflects the sentencing factors that are unfavorable to the defendant, such as the fact that the damage amount is not significant, that the defendant reflects the crime, that the damage amount was not significant

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