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(영문) 대전지방법원 천안지원 2017.02.07 2016고단962
특수절도등
Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

1. Each protocol of seizure;

1. Reports on each occurrence of a crime;

1. Application of each statute on photographs;

1. Article 331 (2) (1) of the Criminal Act applicable to the facts constituting an offense (the special larceny described in the judgment below, Article 331 (1) of the Criminal Act, Article 331 (2) (2) and Article 331 (1) of the Criminal Act, Article 342, Article 331 (2) and Article 331 (2) (2) of the Criminal Act, Article 329 (the attempted special larceny described in the judgment, Article 3-3 of the facts constituting an offense in the judgment, Article 154 (3) of the Criminal Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the appointment of a sentence), Article 33 of the same Act (the facts constituting an offense in the judgment, Article 154 (2) of the Criminal Act, Article 3-4 of the Criminal Act, and Article 3-4 of the Criminal Act)

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Criminal Procedure Act No. 1 for sentencing of Article 334 (1) of the Criminal Procedure Act: Each special larceny listed in the judgment of the court below [the scope of the recommended punishment] No. 4 types of larceny for general property (1 to 2 years) (1 to 6 months) in the basic area (no person subject to special sentencing]: The special larceny listed in subparagraph 2 of the crime [the scope of recommended punishment] in the mitigated area of No. 4 types (8 to 1 year and 6 months) [where a person subject to special mitigation intrudes into a place other than an indoor residential area] [4] in the mitigated area of No. 4 types of larceny for general property (a person subject to special mitigation] [4] in the judgment of the court below: The special larceny area of No. 1 for a considerable period of time listed in the judgment of the court below / [the scope of recommendation of general property] The special larceny area of No. 1 (a person subject to special larceny) is divided into five months to 3 months and one year to 4 months, and most of the final larceny area of punishment [5 months].]

However, each damage amount is not relatively high, and it is punished lower than the above sentencing guidelines in consideration of the fact that there is an agreement with some victims, the age, sex, and circumstances after the crime.

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