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(영문) 대전지방법원 서산지원 2019.05.30 2019고단170
특수절도등
Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for two years from the date of the final judgment.

Reasons

Punishment of the crime

From 11:30 on December 17, 2018 to 17:00 on the same day, the Defendants entered the entrance through the gate and the entrance that did not have been corrected by liveing the property from the victim D's house in Seocho-si, Seocho-si, and did not correct it, and then taken 6.30,000 won in cash owned by the victim from the home of the victim's bank and the Handobus.

As a result, the Defendants jointly invaded the victim's residence and stolen the victim's property jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. A statement prepared by the victim D;

1. A report on internal investigation:

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning facts constituting an offense and the Defendants who choose a punishment: Articles 331(2) and (1) of the Criminal Act (the point of special larceny), Article 2(2)1 of the Punishment of Violences, etc. Act, and Article 319(1) of the Criminal Act (the point of joint residence intrusion, and the choice of each imprisonment sentence);

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants on probation: (a) the Defendants: (b) acknowledge and reflects the mistakes of the Defendants in sentencing under Article 62-2 of the Criminal Act; (c) Defendant A did not have any history of criminal punishment; and (d) Defendant B did not have any history of punishment other than once sentenced to a fine for this type of crime; and (c) the Defendants’ character and conduct, environment, motive, means and consequence of the crime; and (d) the situation before and after the commission of the crime, etc., comprehensively taking into account the various circumstances, which form the conditions of sentencing

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