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(영문) 춘천지방법원 원주지원 2017.02.02 2016고단1007
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2016, the Defendant and C driving an Oral 01:30 each around 01:0, and discovered the GOba in front of the E cafeteria located in Do, and C reported the network to get off from his Obaba, and the Defendant first removed two parts of the market value attached to the back pentaba, which are owned by the said victim, such as LED electric equipment, which is the sum of 60,000 won.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

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

1. An investigation report (to attach on-site CCTV images CDs);

1. Application of Acts and subordinate statutes to report on investigation (report on the results of CCTV analysis at crime scene);

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

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

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

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection [the scope of recommending punishment] of sentencing in Article 62-2 of the Criminal Act / [the scope of recommending punishment / [the person who has been specially mitigated] mitigation area (4 to 10 months) / [the person who has been sentenced to punishment ] imprisonment for 6 months, suspended sentence 2 years, and the defendant who has been subject to juvenile protection disposition several times in collaboration with C, and the defendant has a record of being subject to juvenile protection disposition for the same crime.

However, the degree of damage is minor and agreed with the victim.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

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