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(영문) 의정부지방법원 2018.11.14 2018고단3685
특수절도등
Text

Defendant

A shall be punished by imprisonment with labor for a period of ten months and by a fine of three hundred thousand won, by imprisonment with labor for a defendant B and by a fine of three hundred thousand won.

Reasons

(a) A: Article 35 of the Criminal Act;

1. Defendants who are subject to aggravated concurrent crimes: former part of Article 37, Article 38(1)2 and 3, and Article 50 of the Criminal Act;

1. Defendants to be mitigated in amount: Articles 53 and 55(1)3 of the Criminal Act (with respect to imprisonment)

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act;

1. Protective observation and community service order Defendant B: Article 62-2 of the Criminal Act;

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (the scope of recommended punishment according to the sentencing guidelines of the Supreme Court)

1. Defendant A’s crime Nos. 1 and 2 (Article 1-2(b) and 2-2(a) of the Decision): Class II (General thief) on general property of the thief group, and Category III (Article 1 of the Decision) on the special aggravated area (Article 2(General thief), 3 (Article 1 of the Decision) on the thief group

(B) : The scope of sentence according to the aggravation of multiple offenses: 10 months to 5 years, and 10 months, on the grounds that there are crimes of intrusion on each structure for which the sentencing guidelines are not set, and 10 months or more, since there are crimes of intrusion on each structure for which the sentencing guidelines are not set.

2. Defendant B-1 crime (Article 1-2(b) of the Judgment): Crimes of Type 2 (General thief) (Article 1-2) and 2-3 (Article 1 of the Decision) of the basic area (Article 1 of the Judgment) of the thief on general property.

(a).

B) : The scope of sentence due to the aggravation of multiple offenses (unlimited to punishment, April or October), which is the mitigated area of general property (general larceny) * The scope of sentence due to the aggravation of multiple offenses * The crime of intrusion on each structure for which the sentencing guidelines are not set * For six months or more 6 months / the Defendants entered the same crime for several times, and have a record of juvenile protective disposition or criminal punishment. In particular, Defendant A committed a crime of the same law again during the period of repeated offenses, which is one of six months or more after having been sentenced to the same punishment.

The defendants are not necessarily required to live.

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