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(영문) 울산지방법원 2016.07.22 2016고단1712
특수절도
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

At around 02:30 on April 25, 2016, the Defendant: (a) 02:30, and at the same time, deposited FObatoo in Ulsan-gu E, Ulsan-gu; (b) on the part of the store, the Defendant reported the network before the store; (c) opened a door door on the part of the store, opened the store back, and intruded into the store; (d) 300,000 won in cash owned by the victim in the West-gu; (c) approximately 33,00,000 won in cash located in the small wave; (d) USD 1,000 in U.S. dollars; and (e) 13,000 of U.S. keys-gu’s croba; and (e) cut off the two keys, which are fl to the back of the store.

Accordingly, the defendant stolen the victim's property together with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police for E;

1. An investigation report (specific report on the amount of damage inflicted on the victim);

1. Police seizure records;

1. Application of the Acts and subordinate statutes concerning each CCTV course photograph;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The sentencing guidelines recommended [the types of punishment] No. 4 (Special Larceny) (In the event of intrusion upon general property: (4) when intrusion into a place other than indoor residential space; (4) there is no increased element of punishment: [the scope of the recommended punishment] 4 months to 1 year and 6 months (special mitigation area) of imprisonment [the scope of general mitigation factors] : In the event of two or more joints of persons (whether probation is suspended or not ] The grounds for suspended sentence are comprehensively compared and assessed - If there are two or more concurrents of persons (whether probation is suspended or not - The main reasons for suspended sentence are positive factors - The grounds for suspended sentence are not punishable - There are no positive factors: There is no previous criminal records of suspended sentence or more, and there is no serious reflect.

2. The contents of the juvenile protective disposition, which is similar to those of the additional consideration, are inferior to committing a crime again despite having been given multiple protective disposition.

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