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(영문) 대구지방법원 경주지원 2017.03.15 2016고단521
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2016, the Defendant and C came to 03:30 on May 21, 2016, around 03:30, the 260,000 GTS 125i, the market price of the victim E owned by the victim E, was stolen, and the Defendant reported the network in the vicinity, and C made a forced stop using the Otoba keys, and C took the Obaba, and she took the Oba.

As a result, the defendant and C stolen the victim's property together.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes, such as site photographs;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Quantity (the punishment as shown in the disposition shall be determined within the scope of mitigation, in consideration of all the sentencing factors, including the fact that the defendant has received juvenile protective disposition, etc. for the same kind of crime, and the defendant did not receive an application from the injured party, but the defendant reflects the fact that the injured party recovered damaged goods, the injured party recovered damaged goods, and other various sentencing factors, such as the defendant's age and sexual conduct);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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