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(영문) 의정부지방법원 2016.04.07 2015고단4105
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, the two-year period from the date this judgment becomes final and conclusive, respectively.

Reasons

Punishment of the crime

On June 7, 2015, the Defendants arrive at a bicycle storage room at the entrance of the E market merchant's next door at Gui-si, Ma on June 17, 2015, and Defendant A looked around the surrounding area, reported the network, and Defendant B cut off bicycles equal to 200,000 won at the victim F (23 years old)'s market price and cut off bicycles using a locker and cut off them.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made with respect to G and H;

1. A written statement;

1. A report on investigation (or G counterpart investigation by a witness);

1. Information about registration of photographs;

1. A protocol of seizure and a list of seizure;

1. A photograph of a CCTV course;

1. Application of CCTV CD-related Acts and subordinate statutes to crime scene;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for mitigation of a small amount (the sentencing that the following is considered to be taken into account):

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and community service order;

1. The scope of punishment: Imprisonment for not less than six months but not more than five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the scope of the punishment [the scope of the punishment] for general property and the basic area of the first type (the first class (the second class to August, 8: Provided, That since the lowest limit of the punishment is lower than the lowest limit of the punishment prior to the sentencing period, the court below's decision] [the sentence] unfavorable circumstances: The crime of this case was committed jointly by the defendants and committed by the defendants, which has a very poor record of punishment in light of the number of crimes, etc.; the defendants were punished several times for the same kind of crime; in particular, the defendants B committed the crime of this case again during the suspended execution period after being sentenced to six months of imprisonment for special larceny and two years of suspended execution; the defendants led to the confession of the crime of this case against the defendants; the value of the stolen goods is not large; and the above circumstances and the above facts are returned to the victims after the suspension period.

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