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(영문) 대전지방법원 2013.03.15 2012고단2880
특수절도
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2012, at around 21:45, the Defendant and C, together, stolen the amounting to KRW 2,00,000, KRW 2,000,00 in diameter, 7cc in diameter, 4cm in length, 7cc in diameter, 7cm in diameter, 7cm in length, 5m in length, and 2,00,000 in length, which were loaded in India on the front of the Daejeon Dong-gu Daejeon-gu D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the accused and C;

1. Statement to E by the police;

1. Receipts:

1. Application of each statute on photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has committed a mistake and is repented, that the defendant has no other criminal record except for the previous criminal record of a fine several times, that all damaged goods have been recovered, that the victim was in the front place of the defendant, and that the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments in the instant case, including the circumstances after the crime, shall be determined as ordered in comprehensive consideration.

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