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(영문) 인천지방법원 부천지원 2019.03.27 2019고단54
특수절도
Text

Defendants shall be punished by imprisonment for six months.

except that the execution of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants, in April 2017, at the “E” plant operated by the victim D, the victim D on the first and second floor of the 2017 police officer, and Defendant B, the victim, included approximately KRW 40,00,00,00 of the market value of the victim’s possession, which was located there, in spoke, and Defendant A stolen the victim’s property owned by the victim at least KRW 180,00,000,000, in total five times from June 21, 2018, including the theft with the above spoke and the theft.

As a result, the defendants stolen the victim's property in a total of five times together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of the F, D, and G;

1. Police investigation report (victim photographs);

1. Application of CCTV-cape Acts and subordinate statutes;

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

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants subject to suspended execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for six months to seven years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment for six months to one month.

(a) Larcenys Nos. 1, 2, and 3 (Determination of Punishment) (Special thief) [Attachment 1] thief for general property [Special thief] - Destruction [special stief] - Mitigation element: In the area of mitigation [the area of recommendation and recommendation range] mitigation range, 1 to 6 months [the general person] mitigation range: In the area of mitigation of punishment, 1 month through 6 months [the general person] mitigation element: In the case where two or more persons are combined;

(b) Scope of recommendations according to the standards for handling multiple crimes: One month to one month of imprisonment (one-two months to one-third month of the upper limit of the second crime).

(c) The range of recommended sentences as modified by the applicable sentencing guidelines: the lower limit of the range of sentences recommended by the sentencing guidelines for six months to November is inconsistent with the lower limit of the applicable sentencing guidelines by law, and thus, the applicable sentencing guidelines by law.

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