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(영문) 대전지방법원 천안지원 2013.07.25 2013고단717
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

The defendants are married couple.

On May 4, 2013, at around 10:20 on May 4, 2013, the Defendants: (a) put the victim D in the “Maart E” managed by the victim D located in the Dong-gu, Dong-gu, Chungcheongnam-gu, Yan-si, in a relatively small amount of five market prices, including the 31,520 won at the first grade market in the use of Hantopy City, where the victim’s surveillance was neglected; (b) put the victim into the bank of Defendant B, who had been in possession of a relatively small amount of 137,970 won.

Accordingly, the Defendants jointly stolen the property owned by the victim as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of D;

1. Application of Acts and subordinate statutes on receipts for damaged goods;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing):

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account the reasons for sentencing) of the Act on the Suspension of Execution [Determination of Punishment] - General thief [Special Convict] - mitigated elements for mitigation of punishment: Offenses of Life Penalty, Non-Mitigation of Punishment [Determination of Recommendation Region] / Special Mitigation Area / [Scope of Recommendation Region] from February to October / 10] - In cases of serious reflective factors - Where two or more persons are combined [Scope of Punishment] applicable provisions of applicable Acts]: Article 31 of the Criminal Act: 1 to 10 years (whether suspended sentence is suspended] - Major commitment reasons for punishment (including serious efforts to recover from personal damage or recover from damage) - General reference reasons: Defluence [Determination of Punishment] - June - Suspension of Execution, 1 year 1 or 10 years.

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