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(영문) 창원지방법원 진주지원 2015.09.15 2015고단696
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

At around 01:00 on April 15, 2015, the Defendant, along with B, opened a string door to the E community hall managed by the victim D, who is the president of the women's hall in the above community of the above community of Korea, and taken food with which the market price is unknown, such as rice, valley, five strings, fishing, and strings, which were stored in the cooling, cooling, etc., after entering the above community hall.

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

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Written statements of D;

1. Application of statutes on site 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where he/she intrudes into a place, other than an indoor residential space (type 4) in the mitigated area (type 8 to 1.6 months) of types 4 (special mitigation) (type 4) for general property;

2. In light of the fact that the Defendant committed the instant crime even though he/she had the record of juvenile protective disposition or criminal punishment several times due to the same crime, and that the damage was restored or did not reach an agreement with the victim, the Defendant’s liability for the crime is not less than that of the Defendant.

However, the sentencing conditions, such as the defendant's awareness of the crime in this case, the degree of damage is very minor, and the motive, means and result of the crime, the age, environment, criminal records, family relations, and circumstances after the crime, shall be determined as ordered by considering all the various circumstances.

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