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(영문) 광주지방법원 순천지원 2020.05.20 2019고단2375
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On January 30, 2019, at around 21:15, the Defendants entered the F, the victim E, who was anchored in the oil wharf near the D Association E, which was located in Goungnam-gun, Goungdong-gun, with a view to discovering one network of the victim-owned, the sum of the market prices of approximately 400,000,000,000 won, all of which were integrated into the on-site 20 km, and had the victim-owned, who was in the vicinity of the Defendant A, enter the said her husband-owned her husband-owned her husband, and put one network of the above her husband-owned her husband-owned her husband-owned her his her her her her her son.

As a result, the defendants stolen the property owned by the victim jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. On-site report (as to the confirmation of CCTV image images around a theft site), closure photographs of CCTV in the vicinity of the theft site, investigation reports (as to the analysis of CCTV images around the theft site), closure photographs of CCTV at the theft site, investigation reports (as to the confirmation of the location of the FF store), investigation reports (as to the confirmation of the location of the CCTV storage), closure photographs, investigation reports (as to the closure photographs attached) - application of Acts and subordinate statutes;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants of suspended sentence: Reasons for sentencing under Article 62(1) of the Criminal Act

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of larceny in general property [Type 2] general larceny [Special Larceny]: Non-won of the punishment [the scope of the recommended punishment and the scope of the recommended punishment], mitigation area of the punishment, April through October [the scope of the recommended punishment revised according to the sentencing guidelines], six months through ten months of imprisonment (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and thus the minimum of the applicable sentencing range in law is inconsistent with the applicable sentencing range).

3. Determination of sentence: Sentencing, which is set forth in six months of imprisonment and two years prior to the suspension of execution.

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