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(영문) 창원지방법원 통영지원 2014.02.14 2013고단822
특수절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 5, 2013, the Defendant, along with C on July 17:0, 2013, stayed at the victim E house located in Southern-gu, Seoul, separated the cable of the television located in it by hand, and the Defendant used television to drive the car in F Co., Ltd.

Accordingly, the Defendant, together with C, stolen 40,000 won of the market price owned by the victim.

Summary of Evidence

1. Each legal statement of the defendant and C;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Six months of imprisonment to be suspended;

1. According to the sentencing guidelines for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence (hereinafter referred to as “the sentencing guidelines”), six months to one year and six months are recommended (no special person) to the defendant (no person shall be punished). The defendant is the primary offender, the defendant is against himself/herself, and his/her efforts have been made for the recovery of damage shall be considered as favorable reasons for sentencing.

Other grounds for sentencing, such as the age and family relationship of the accused, shall be determined in the same manner as the order.

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